Firm Raises Alarm Over Lagos’ Invasion of Ex-minister’s Property, Disobedience to Court Order
Wale Igbintade
Admiralty Fleet Limited (BICS Garden) has raised the alarm over an alleged breach of a Federal High Court order by the Lagos State government.
The firm claims that officials from the state government unlawfully invaded a disputed property in the Lekki area, which belongs to former Minister of Transportation, Admiral Festus Porbeni (rtd).
In a case marked FHC/L/CS/1384/21, filed by Admiralty Fleet Limited (BICS Garden) and Porbeni, Justice Daniel Osiagor had issued an injunction restraining the Attorney General of Lagos State, the National Inland Waterways Authority (NIWA), and the Chairman of the Lagos State Special Task Force from allocating any portion of the property located at B20 Wole Olateju Crescent, off Admiralty Way, Lekki Phase 1, Eti-Osa Local Government Area, pending the hearing of the substantive suit before the court.
However, on Friday, in what the firm described as a flagrant disregard for the court’s ruling, Lagos State government officials allegedly forcibly entered the property and threatened to demolish structures on the premises.
At approximately 7:30 a.m. on Friday, the Lagos State Task Force, accompanied by heavily-armed riot policemen, reportedly entered the property, despite the injunction.
The officials allegedly beat and arrested staff members and others present, loading them into a police vehicle known as a ‘Black Maria’, which had been brought specifically for the raid.
“The task force cordoned off the area and threatened to bulldoze all structures on the property, brazenly violating the Federal High Court order (FHC/L/CS/1384/21),” the firm stated.
Additionally, the firm emphasized that the actions of the Lagos State Task Force also disregarded a landmark judgment from the Supreme Court, which affirmed the Federal Government’s exclusive control over the nation’s inland waterways and lands within 100 metres of all declared federal waterways.
The Supreme Court ruling, delivered by Justice John Okoro and read by Justice Emmanuel Agim, confirmed that state governments do not have the authority to regulate or impose levies on businesses operating in the inland waterways sector.
The decision placed control of Nigeria’s waterways under federal agencies such as the National Inland Waterways Authority (NIWA) and the Nigerian Maritime Administration and Safety Agency (NIMASA).
“The Lagos State government’s blatant disregard for court orders is a dangerous precedent for lawlessness and disorder,” the firm said.
“We are calling on Governor Babajide Sanwo-Olu, the Chief Justice of Nigeria, the Inspector General of Police, and other relevant federal agencies to address this illegal occupation and the unlawful actions of the Lagos State Special Task Force.”
The legal dispute dates back to 2008 when Admiral Porbeni applied to NIWA for approval to construct a jetty and boat club on the site.
NIWA granted the application, but tensions escalated when, on September 30, 2021, officials from the Lagos State Task Force entered the premises without notice or a court order and marked equipment and structures for removal within 48 hours.
As a result of the action, Admiralty Fleet Limited and Admiral Porbeni are now seeking a court declaration that the Lagos State Task Force’s actions constitute trespass and violate their constitutional right to own property, as guaranteed under Section 43 of Nigeria’s Constitution.
This incident raises significant concerns about the erosion of the rule of law in Lagos State, highlighting the continued overreach of state agencies in defiance of federal legal protections and court orders, despite a Supreme Court ruling that affirmed the Federal Government’s exclusive authority over Nigeria’s inland waterways.
