Hearing in a suit filed to seek judicial review of the proceedings and recommendations of the FCT Ministerial Committee Report on River Park Estate was, on Monday, stalled in an Abuja High Court.
The hearing was stalled due to the inability of the counsel for the Federal Capital Development Authority (FCDA) and FCT Minister, Nyesom Wike, to file their court documents before Justice Mohammed Zubairu.
Justice Zubairu consequently adjourned the matter until Nov. 5 for hearing of the matter.
When the case was called, Anthony Malik, SAN, announced appearance for the applicants, Paulo Homes Nigeria Ltd and House For Africa Nigeria Ltd.
Emma Ukala, SAN, represented the 1st respondent (FCT Minister) and the 2nd respondent (FCDA), while Sunday Ameh ,SAN, appeared for Kojo Mensah, a party seeking to be joined in the matter.
Ojonimi Apeh, however, appeared for the majority shareholder of Jonahcapital Nigeria Ltd, Dr Adeniran Ogunmuyiwa.
Malik, in his opening submission, recalled that on Sept. 17, the court granted the applicants, leave to apply for judicial review of the proceedings, report and recommendations of the ministerial committee set up by the minister.
Malik also recalled that the court ordered that the leave also served as a stay of further actions on the River Park Estate matter.
The lawyer said in view of those proceedings, he filed a motion on notice on Sept. 18.
He told the judge that all processes in respect of the motion on notice had been served on the respondents.
“But till this moment, neither of the respondents has entered a memorandum of appearance, nor has filed any responsive processes to the applicants’ motion on notice,” Malik said.
The senior lawyer argued that, having not filed any process, the respondents had conceded to all the issues raised by the applicants in their application.
“So, the burden now lies on the applicants at this point to prove, and subject to the court’s convenience, we are ready to proceed,” Malik stated.
Reacting, Ukala told Justice Zubairu that the 1st and 2nd respondents actually instructed his chamber last week to represent them on the matter.
“Our processes are ready, and every effort we made this morning to get them filed at the court’s registry was unsuccessful.
“They went to file but were told by the court registry that the receipt book had been sent to Maitama for auditing purposes.
“As a result of that, we couldn’t file our reply processes.
“We have copies of the processes we intend to file, here in court.
“Even if we had filed today, we are still within time. Therefore, it’s not good to say there’s no defence,” Ukala submitted.
He therefore urged the court to discountenance the application by Malik for the court to hear the motion for judicial review.
On his part, Ameh, apologised for coming late, just as he informed the court that he was not aware of the pendency of the matter until last week Thursday.
He said the applicants counsel was served with the joinder application in court and assured that he would serve the counsel to the 1st and 2nd respondents with the application.
Malik confirmed that Mr Ukala had indeed extended the courtesy of advancing copies of processes he had filed to him a few minutes ago.
“But I’m at a loss as to what to respond to” he said.
On the submission of Ameh on adjournment, Malik simply replied that “You can’t be asking for an adjournment when you don’t know whether I will be opposing or not.”
According to him, at the time I made that submission that they have no defence, they have not served the advance copies.
“I will reluctantly conceed to the adjournment but it should be for a short time,” Malik added.
Justice Zubairu then adjourned the matter until Nov. 5 for hearing of the motion.
The News Agency of Nigeria (NAN) observes that Gilies Anazia, Managing Director of Paulo Homes Nigeria Ltd, and Azike Vincent, Director, Houses For Africa Nigeria Ltd, were all present in court.
Justice Zubairu had, on Sept. 17, granted the application for judicial review by way of certiorari after the motion ex-parte, dated and filed Sept. 11, was moved by Malik.
The applicants, in the motion ex-parte, had sought an order granting leave to them to apply for judicial review by way of certiorari to set aside and/or quash the proceedings, report and recommendations of the ministerial committee.
They also prayed for an order of the court compelling the respondents to produce in court the proceedings, report and recommendations of the committee on issues affecting the estate which was submitted to the minister on Sept. 2.
In the alternative, the applicants sought an order of interim injunction restraining the respondents from implementing or enforcing the report of the ministerial committee, pending the hearing and determination of the motion on notice for interlocutory injunction.
The minister was alleged to have, recently, demolished structures in the estate unlawfully.
But Wike, in reaction, refuted the allegations that the structures were unlawfully demolished.
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