The High Court of Justice in Ogun State, led by Honourable Justice O. Hassan Oyajinmi, has granted significant relief to Datkem Enterprises Limited, headed by Yeye Olufunke Daniel, in a property dispute against multiple state authorities.
The case (Suit No: HCJ/297/2023) involves allegations of unlawful demolition and trespass by the Ogun State Ministry of Physical Planning & Urban Development and other defendants.
The claimants, represented by senior counsel A.M. Kutoye, SAN, sought an interlocutory injunction to prevent further trespass and damage to their property.
They also requested an official inspection to assess damages and the removal of unused materials trapped on the property due to the alleged unlawful actions by the state government on September 10, 2023. These materials are valued at N184,435,000.
The defendants, represented by Mrs. Elegbede, filed a counter affidavit and a preliminary objection, challenging the motion on procedural grounds and questioning the court’s jurisdiction.
They argued that the claimants had not exhausted administrative remedies under the Ogun State Urban and Regional Planning Development Law of 2022.
In the Certified True Copy sighted by Freelanews, Justice Oyajinmi granted the claimants’ reliefs, mandating the Chief Registrar to inspect the property, take inventory of the damage, and oversee the removal of unused items.
Specifically, the reliefs sought included:
- An Order of Interlocutory Injunction: To restrain the defendants and their agents from further trespassing or negatively affecting the claimants’ proprietary rights.
- An Order for Inspection and Inventory: To allow the Chief Registrar or an appointed officer, along with the claimants, to inspect the property, assess the damage, and take inventory of the destruction and unused items.
- An Order for Removal of Unused Items: To permit the removal of unused materials purchased for the completion of the property before the invasion and sealing by the defendants on September 10, 2023.
The ruling underscores the court’s role in protecting proprietary rights against unlawful government actions and provides interim relief to Datkems Enterprises, allowing them to mitigate further losses.
Concerning jurisdiction, the defendants’ preliminary objection was dismissed, affirming the court’s competence to hear the case.
The court emphasized the necessity of adhering to statutory conditions while ensuring timely justice.
The upcoming expedited hearing will further address the substantive issues, potentially setting a precedent for similar disputes in the future.
The claimants are represented by A.M. Kotoye (SAN) and O.T. Are Esq., while the defense team includes O.T. Olaotan (S.G), F.I. Ameh (A.D.P.P), A.B. Elegbede (S.S.C.), and M.L. Deinde-Dipeolu.
Recall that DATKEM initiated the suit via a Writ of Summons on December 4, 2023, citing various grievances against the Ogun State government’s agency, including failure to respond to letters of complaint regarding an alleged unlawful ‘Notice to Quit’ and subsequent violent invasion of the property.
On September 10, 2023, at approximately 3:00 AM, the 3rd defendant, with the assistance of armed policemen and other agents, forcefully entered and vandalized the property.
Yeye Daniel, the former first lady of Ogun State and wife of the senator representing Ogun East District at the national assembly, asserted that this invasion resulted in significant damage and left numerous materials and items, valued at N184,435,000, trapped within the property.
These items, intended for the property’s completion, have since been rendered unusable.
However, a source close to happenings informed Freelanews that Justice Oyajinmi has recused himself from the case, being the second judge to do so since the commencement of this trial over alleged intimidation.
Freelanews is the editorial byline of Freelanews.com, used for staff reports, news updates, press releases, and collaborative stories produced by the Freelanews Editorial Team.
