Court Stops Lagos Task Force, Others From Arresting, Estate Developer, Hon. Mosadioluwa

Justice Abimbola Awogboro of a Lagos Federal High Court, today, restrained Mr. Shola Jejeloye, Chairman, Lagos State Environmental Sanitation and Special Offences Unit, popularly called Task Force, from further arresting, detaining, investigating, inviting, intimidating, threatening, incarcerating, harassing, charging or taking any untoward actions against, Honourable Audullahi Saheel Mosadoluwa, Chief Executive Officer of Harmony Gardens and Estate Development Limited.

The judge also in the interim, restrained the Task Force chairman and others respondents, from invading, stationing any armed officers on or from forcefully taking over and demolishing the Honourable Audullahi Saheel Mosadoluwa’s properties situate and being at Abomiti, Yegunda and Eyin-Osa resettlement, Epe, Lagos State.

The judge made the interim orders, while granting an Exparte motion filed by the Real Estate developer, Harmony Gardens and Estate Development Limited; Sade Balogun; and Amen City Limited who are applicants in the suit marked FHC/L/CS/246/2024.

Against the Inspector General Of Police (IGP); Commissioner Of Police, Lagos State; the Oloja of Epe, Oba Kamorudeen Animashaun; Mr. Ayodele Yahaya; Mr. Tajudeen Asegere; Chief Olatunde Oluwo Ogunnoren; Mr. Sade Takiu and Kazeem Salami.

The judge held that the interim will remain subsist till the hearing and determination of the substantive suit.

The Real Estate developer and others have asked for the interim orders against all the defendants through their lawyer, I. K. Yusuf who filed and moved the Exparte motion, 32 paragraphs affidavit in support, affidavit of extreme urgency deposed to by Hon. Audullahi Saheed Mosadoluwa, and a written address.

Some of the dispositions in the affidavit as averred by the deponent are as follows; “that I am an Investor, Managing director of Harmony Gardens and Estate Development Limited of Mosadoluwa Ottage, Orimolusi Crescent, Amen Estate, Eleko-Beach Road, |beju Lekki Local 

s0overnment Area, Lagos State do hereby make oath and state as follow: 

MOTION EXPARTE

|, Hon. Audullahi Saheed Mosadoluwa, Male, Muslim, Nigerian, Investor, Managing Director of Harmony Gardens and Estate Development Limited of Mosadoluwa Cottage, Orimolusi Crescent, Amen Estate, Eleko-Beach Road, |Ibeju Lekki Local Government Area, Lagos State. 

“That the 4th —8th Respondents and the resettled families/communities of Abomiti, Yegunda and Eyin-Osa have jointly sold 399 Hectares of land to the Applicants at Abomiti, Yegunda and Eyin-Osa Government resettlement, Epe, Lagos State and they executed Deed of Assignments to the Applicants. Some of the said Deed of Assignments are attached as Exhibit A. 

“That the Applicants took possession of the landed properties and now have properties to wit AMEN PHASE 3, Tiara, Oju-Alaro, Lekki Aviation Town and host of others which are multi-billion Naira investments on the land. The Pictorial evidence of the Applicants’ mentioned properties are attached as Exhibit B. 

“That the Applicants’ properties aforementioned are covered with title documents including the Governor’s Consent dated 5th December, 2022, and Amen Phase 3 Layout Plan approval granted by the Lagos State Ministry of Physical Planning Urban Development on the 5” October, 2022, Survey Plans and others. These title documents are attached as Exhibit C. 

“That | know as a fact there are approved attached Mobile Police Officers who are protecting, safeguarding and secure the Applicants’ properties without any threat of violence. 

“That the 4th— 8th Respondents have been using the 1st-3rd Respondents, particularly the 3rd Respondent to harass, intimidate, illegally arrest, torture and incarcerate me with a view to forcefully takeover the Applicants’ properties at Abomiti, Yegunda and Eyin-osa Government resettlement, Epe, Lagos State. 

“That the 1st-8th Respondents continuously threatened that unless | release the Applicants’ properties at Abomiti, Yegunda and Eyin-osa Zones, they would not stop re-inviting, re-arresting, intimidating and detaining me. 

“That | was arrested, tortured, mercilessly beaten, matcheted in the arms and incarcerated into the Lagos State Environmental Sanitation and Anti-Special Offences Unit “TASK FORCE” for four days without release on bail by the 1st- 3rd Respondents at the instance of the 4th— 8th Respondents and others with a view to taking over the Applicants’ properties known as Tiara, Amen Phase 3, Lekki Aviation and Oju Alaro all within Abomiti, Yegunda and Eyin-Ose Government Resettlement, Lagos State. 

“That again on the 10th October, 2023, the 3rd Respondent lured me into his Task Force by Police Invitation under the pretence of investigating a case on the Applicants’ properties aforesaid, however on getting the 3rd Respondent told me to release our properties to the 4th — 8th Respondents and one Nola Idris Veritas and upon my refusal, the 3rd Respondent tortured and incarcerated me and other persons from the 10th October, 2023 till 12th day of October, 2023. 

“That following the 2 above, the 3 Respondent maliciously charged me to

Magistrate Court Yaba but the DPP’s Advice exonerated me and others and they were all discharged accordingly. The Charge Sheet and Ruling Discharging us is attached as Exhibit D. 

“That I then became seriously sick as a result of the incessant unlawful arrest, torture and incarceration from the 1st-3rd Respondents at the instigation of the 4th to 8th Respondents and others.

“As if that is not enough, 1st Respondent under the pretence of investigating case on the Applicants’ properties aforesaid sent STS/IRT Officers from Abuja who came to Lagos and ambushed me that just returned from hospital that day, and harassed, beaten and bundled me into their waiting bus of IGP — Intelligence Response Team/Special Tactical Squad and took away and | was detained at Area F, Ikeja, Lagos on the 20th January, 2024, moved to Abuja where | was further detained from 21st January, 2024 till 31st January, 2024 without being allowed access to my medical treatments. 

“That the 4th— 8th Respondents who had earlier sold the said 399 hectares

of land to the Applicants are now using the 1st —3rd Respondents to forcefully

takeover our properties/investments on the said land so that they can use same to defraud other innocent investors. 

“That the 3rd Respondent is wont to stationing armed officers of the Lagos 

State Environmental Sanitation and Anti-Special Offences Unit “TASK FORCE” on our properties to forcefully takeover for his cohorts. And that sometimes in October, 2023, the 3rd Respondent invaded, stationed armed officers and forcefully takeover our properties at Abomiti Government Resettlement, Epe, Lagos State for Nola Idris “Itunu” while detained me in his cell at Mobolade Oshodi, Lagos State. Pictorial evidence of officers of the stationed on our properties by the 3° Respondent is attached as Exhibit F. 

“That the 1st-3rd Respondents do hide under the guise of protecting

properties to invade our properties, station their officers thereon and forcefully takeover same for the cohorts. And that the 4th— 8th Respondents have now approached the 3rd Respondents again to station their armed officers on the Applicants’ properties foresaid and they are at the verge of stationing the officers on the Applicants’ properties under the guise of providing security cover for the properties in Abomiti, Yegunda and Eyin-Osa to forcefully takeover the Applicants’ multi-billion Naira investments. 

“That the 1st -3rd Respondents would illegally arrest, detain, torture me | as usual and maliciously demolished and forcefully takeover the Applicants’ properties within Abomiti, Yegunda and Eyin-Osa resettlement, Epe, Lagos State before the hearing of the Originating Application unless they are restrained in the interim by the honourable court. 

That it is pertinent and urgent that the Honourable Court be restrained from inviting, arresting the Applicants particularly myself and or forcefully taking over or doing any untoward actions against us and our properties aforementioned pending the hearing of the Originating Application. 

27. That it is a matter of extreme urgency that the Respondents be restrained in the interim pending the hearing of the Originating Application. 

“That | know that we have rights to own property as enshrined under the Constitution of the Federal Republic of Nigeria 1999 as amended. And that by the Rule of the Court, the Honourable Court has unfettered discretion to grant an interim Order in this circumstance. And that it is expedient that the Honourable Court grant this interim Order. 

“That it is in the interest of justice to grant this interim injunction.”

Justice Awogboro after hearing the applicants’ submission, held that: “I have gone through the motion exparte, affidavit in support, affidavit of extreme urgency, with written address, it’s my view that the application have merit and should be granted and same is hereby granted.

“I therefore made the following orders: “an interim order restraining the Respondents, whether by themselves, their agents, servants, privies, officers and/or howsoever called from further arresting, detaining, investigating, inviting, intimidating, threatening, incarcerating, harassing, charging or taking any untoward actions against the Applicants in connection with the facts of this case pending the hearing or determination of the Originating Application. 

“An interim order restraining the respondents whether by themselves, their agents, servants, privies, officers and/or howsoever called from invading, stationing any armed officers on or from forcefully taking over and demolishing the Applicants’ properties situate and being at Abomiti, Yegunda and Eyin-Osa resettlement, Epe, Lagos State pending the hearing and determination of the Originating Application.”

The judge thereafter adjourned to March 1, for hearing of substantive suit