A new twist has been introduced into the tussle over 150 plots of land at Alma Beach Estate in Lekki Lagos as a former Commissioner for Justice in the state, Dr. Muiz Banire (SAN), has been dragged before the Court of Appeal over alleged contempt of court.
It will be recalled that some homeowners and allottees had cried out over an alleged attempt to take over their properties by NICON Trustees Limited.
The homeowners said NICON Trustees Limited is claiming ownership without any survey plan and challenged the deployment of a detachment of policemen to the said land located in the Ikate area of Lekki Peninsula.
Banire, who is the lawyer to the estate homeowners and allottees, had decried what he called the “deviant” activities of policemen who provide cover for “illegal developers.”
But NICON Trustees cleared the air on the controversy even as it filed a contempt proceeding against Banire.
According to the firm, the land in question was used as a security by the estate company to borrow the sum of N40 million in 1991.
It added that there was a Trust Deed of Debenture it entered into with the estate firm (Alma Beach) that in case of failure to meet up with the loan obligation, NICON Trustees would appoint a receiver-manager to take over the said 150 plots.
Abah Onah, who was appointed the Receiver-Manager, while briefing newsmen at the weekend said all the judgments including that of Appeal Court of 25th December 2016 “have sanctioned the possession of the Receiver of the 150 plots conveyed in the Debenture Trust Deed”.
He said, “It is based on this Court of Appeal judgment, which is still subsisting, not yet set aside nor appealed against that the Receiver petitioned the Inspector General of Police and got the IGP’s approval for security for the Receiver Manager to perform his functions in enforcing the court of appeal judgement.”
Speaking with our correspondent, Banire dared NICON Trustees and its legal representatives to charge him to court and challenged them to provide him any survey plan showing the 150 plots of land being claimed.
“Once they can provide that, then we would know who is lying and who is fraudulent,” he said, adding, “If there is a Debenture Agreement, what has that got to do with the land? Who is arguing with them over a Debenture?”
On the contempt proceeding filed against him, he said, “I dare them and their lawyers and the Court of Appeal will show in the first instance where I said this is a land matter. If you know me very well, I’m a very strict person. Even when I was a commissioner, I didn’t bend rules for anybody and I will never bend rules.
“Even if you have a judgment on a land up to the Supreme Court, you cannot go there on your own or with police, it’s only the court that can go there. Even with that judgment, if you go there on your own, you are a land grabber.”
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