National Publicity Secretary of the All Progressives Congress (APC), Mr. Muiz Banire, has written to the Attorney-General and Lagos State Commissioner of Justice to request that the Lagos State government should refrain from taking further action in respect of the threatened demolition of his mother's house.
In the letter, signed by his attorney, Mr. Festus Keyamo, and addressed to the Lagos State Attorney-General, Mr. Banire called the attention of the state government to a pending suit (No. FHC/L/CS1736/2017: Alhaja Sarat Banire v. Attorney General of the Federation and Minister for Justice & 3 Ors) at the Federal High Court.
Dated November 16, the letter noted that the suit is a challenge to the expressed intention of the Lagos State Government to demolish the property of Mr. Banire, located at 24A, Remi Fani-Kayode Street, GRA, Ikeja, Lagos.
"We, therefore, kindly draw your attention to the pendency of the said action together with the Motion on Notice for an interlocutory injunction to restrain the Lagos State government from carrying out the planned demolition. It is imperative to realize that the pendency of the above-mentioned suit necessitates that all parties must maintain the status quo and not to engage in any activity that would foist a fait accompli on the court," the letter said.
Mr. Banire equally noted that the point was emphasized in a case by the Court of Appeal, which relied on an earlier decision of the Supreme Court, which held that parties should not resort to self-help when a case is before a court of law. The position, Mr. Banire further stated, was reiterated by the Supreme Court in a case when it ruled that parties are duty bound to hold on until hearing and disposal of a motion on notice.
"In view of the above, we respectfully urge you, sir, as a senior member of the Bar and on the strength of the above-referred authorities, to prevail on the Lagos State Government, which you represent as the Chief Law Officer, to desist from any further interference with our client’s property pending the hearing and determination of the Motion for Interlocutory Injunction in the above-mentioned matter," said the letter.
It added that the motion has already been served on the Attorney-General's office and a copy of it was attached. This, stated Mr. Banire, is the only way the dignity, authority, and sanctity of our courts could be protected to avert chaos in our society.