TheCable

A high court in Lagos has struck out an application filed by some waterfront settlements against the Lagos state government.

Some residents of Otodo Gbame area of Ilado in Lekki had filed a contempt charge against the Lagos state over its disobedience of a court order staying the demolition of their shanties and illegal structures.

At the hearing of the matter on Wednesday, Adeniyi Onigbanjo, the judge, in his ruling said the court could not take action against Akinwunmi Ambode, the governor, because of the immunity his office provides him.

He explained that since the demolition was carried out under Ambode it could not be said that the action was in contempt of court.

“Under those circumstances, I think that not only must the facts alleged in proof of contempt of court be proven beyond reasonable doubt, in this particular instance, because the respondents’ actions complained about was allegedly carried out with the direct supervision of the third respondent, who happens to be the executive governor of Lagos state, Section 308 of the 1999 constitution unequivocally forbids the court from entertaining this manner of application or any other criminal proceedings against the occupant of that office so long as he remains in office,” the judge held.

“Now, because it is clear from the affidavit evidence adduced by the applicant that the third respondent ordered the actions complained about in flagrant disobedience of the above stated directives of this court, then it must follow that the other respondents in this suit cannot really be said to be in contempt of this court or to be said to have caused the actions complained about.”

Speaking with journalists, Saheed Quadri, counsel to Lagos government, said the resident were asked not to build until they got a permit but they refused and continued to build illegal structures.

“The whole issue is about the fact that the State Government asked the claimants not to reconstruct until they obtain building permit, but while we were in court for mediation at the Lagos Multi-Door Courthouse, the claimants went back to rebuild the illegal shanties,” he said.