Attorney General of Lagos State & Ors V. Zanen Verstoep & Company Nigeria Limited & Ors (2016)

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SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. 

 This appeal is against the judgment of the Federal High Court, Lagos Division delivered by ABUTU J. on the 2nd day of November 2007.

The Appellants and the 2nd Respondent herein were Respondents in the suit filed in the lower Court while the 1st Respondent was the Applicant.

The said 1st Respondent had as Applicant commenced a suit in the Federal High Court, Lagos Division (lower Court) by way of an application for the enforcement of its Fundamental Human Right against the aforesaid Respondents. In the said application dated 9-11-2006 the following reliefs were sought:-
(i) A declaration that the forcible breaking-in and carting away of the Applicants properties from its premises situate at 1A Ozuma Mbadiwe Street, Victoria Island, Lagos by the Respondents on Sunday, August 26, 2006 and subsequent days thereafter is illegal and unconstitutional as it violates the Applicants right to property guaranteed by Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.
(ii) A declaration that the continued forcible occupation of the Applicants

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said premises situate at 1A Ozuma Mbadiwe Street, Victoria Island, Lagos by the Respondents and their agents or privies is illegal and unconstitutional as it violates the Applicants right to property guaranteed by Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.
(iii) An Order directing the Respondents, their agents and/or privies to vacate the Applicants premises situate at No. 1A Ozuma Mbadiwe Street, Victoria Island, Lagos.
(iv) An Order directing the Respondents to return all the Applicants properties (as itemized in the Applicants statement hereto) which were forcibly removed from the Applicants said premises situate at No. 1A Ozumba Mbadiwe Street, Victoria Island Lagos, to the said premises OR IN THE ALTERNATIVE.
Damages of the total sum of $5, 707, 292.90 to its equivalent in Naira, being the value of the Applicants properties forcibly removed from the Applicants premises situate at 1A Ozumba Mbadiwe Street, Victoria Island, Lagos.
(v) General damages of the sum of N200 Million Naira (Two Hundred Million Naira) for the illegal and unlawful violation of the

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Applicants right to property guaranteed by Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.
(vi) Exemplary damages of N300 Million Naira (Three Hundred Million Naira) for the illegal, unlawful, gross and blatant violation of the Applicants right to property guaranteed by Section 44 of the 1999 Constitution of the Federal Republic of Nigeria.
GROUNDS FOR SEEKING RELIEF
1. By virtue of Section 44 (1) of the 1999 Constitution;
No moveable property or any interest in an immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for the purpose prescribed by a law..
2. The break-in of the Applicants premises at 1A Ozumba Mbadiwe Street, Victoria Island Lagos, and forceful removal and carting away of the Applicants properties which included all its equipment, tools, spares and accessories by the Respondents on August 26, 2006 and subsequent days is illegal and unconstitutional.
3. The

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Respondents have no power under 1999 Constitution or any law to break-in and cart away the Applicants properties.
4. The Respondents their privies or agents have no powers under 1999 Constitution or any law to forcibly evict the Applicant and occupy the Applicants premises and deny the Applicant any access to its premises.

The said application was supported by a statement of facts, and a 31 paragraph affidavit with numerous documents attached as Exhibits ZVI to ZV 28. There is also a further affidavit of 5 paragraph to which is attached a copy of Police Report marked as Exhibit ZV 29.

The Appellants as the 1st, 3rd, 5th, 6th and 7th Respondents in the lower Court reacted by filing a counter affidavit as well as a notice of preliminary objection. The 2nd Respondent as 8th Respondent in the lower Court also filed a counter affidavit.

The 2nd and 4th Respondents (Commissioner of Police Lagos State) and D.P.O Bar Beach Police Station respectively, did not file any counter affidavit.

Briefly put, the facts as can be gleaned from the Records is that the Applicant (now 1st Respondent herein), is a civil dredging and Marine