Hearing on Ile Arugbo for Jan 24

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By Adekunle Jimoh, Ilorin

 

Kwara state High Court in Ilorin, the state capital has fixed January 24th, 2020 for commencement of hearing proper on the case between state government and Asa Investment Ltd (aka Ile Arugbo).

Agents of the state government had early this month demolished some properties at the Ilofa road, GRA Ilorin, land of the late Dr Olusola Saraki alleging illegal acquisition.

Dissatisfied with the action, ex-Senate President Bukola Saraki filed motion ex-parte through his counsel AbdulAzeez Ibrahim for stay of execution at the court.

The court accordingly restrained the defendants and anyone acting on their behalf from further demolishing or further destroying the alleged property of the claimant.

Governor AbdulRahman AbdulRazaq, House of Assembly, Attorney General and Justice Commissioner, Director General, Kwara Bureau of Lands and the Inspector General of Police are the defendants in the suit.

Earlier, Mr. Ibrahim told the court that the case was for hearing on motion on notice for interlocutory injunction.

He added that he had filed motion ex-parte for service on defendants/respondents on substituted means.

He added that he had not been able to serve the fifth respondent (IGP), saying that the “first to the fourth respondents had been served and they responded too. But the fifth responded has not been personally served.”

He said that the “motion on notice was dated and filed 13th and 14th January. The application for the motion ex-parte is supported by seven paragraphs affidavit deposed to by one Ayo Ibrahim. We rely on all the
averments therein. We also filed a written address in support of the affidavit. I pray the court to grant the order so that we can make progress.”

Pending the time all the court processes would have been served the fifth respondent, Ibrahim said: “We are applying orally for the court to order all the parties to maintain status-quo in the interest of peace and justice as well as an extension of tenure of the interlocutory injunction.”

In his reply, Attorney General and Commissioner of Justice Salman Jawondo said with respect to motion on substituted service, “we can only be seen but not heard.”

He added: “We are opposed to the application of tenure extension of the interlocutory injunction or whatever name it is called.

“The application is also an invitation to chaos as the case attracted much heat and attention even beyond its content.”

Ruling on the motion ex-parte for substituted service to the fifth respondent, presiding judge AA Adebara granted the application.

“In this application, attempts at personal service to the fifth respondent met the rock. I am satisfied that the service be made by pasting court processes on the notice board in the premises of the Kwara state police command,” he said.

Read Also: Ile Arugbo: PDP seeks probe of demolition

Declining to make express statement on the application for tenure elongation of the interlocutory injunction, Justice Adebara urged all the parties in the case to maintain their calm and seek for a way of settling the matter out of court.

Said he: “The first paramount thing for this court is to encourage all parties to settle the case amicably out of court; nothing is impossible.

”Settlement out of court is never too late to explore. I want the two sides to believe that the special grace of God peace will prevail. I am appealing to the two sides that there should be a mutual understanding.”

He then adjourned the case to January 24th for hearing.