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Hearing in the $48m land suit filed by Oba Otudeko’s Honeywell Group against billionaire businessman, Alhaji Aliko Dangote, was abruptly truncated at a Federal High Court, Lagos on Thursday.
The hearing was halted after counsel for Honeywell, Dr. Joseph Nwobike, insisted on an adjournment despite opposition by lawyers representing Dangote and his firms, Dangote Industries Ltd and Greenview Development Nigeria Ltd.
Otudeko, through his firm, Honeywell, had instituted the suit against the Nigeria Ports Authority, Bureau of Public Enterprises, Dangote Industries Ltd, Dangote and Greenview Development Nig. Ltd.
Otudeko is claiming $48m against the defendants as damages for breach of contract over which gave him legal right over the 10.8 square metres piece of land within the Lagos Ports Complex, known as the 5th Apapa Wharf Extension.
He said by the forceful eviction, he lost the profit he would have made and was “greatly injured in his business.”
Trial started in the matter on Thursday with Honeywell putting its first witness, Mr. Kunle Fasogbon, in the box, to adopt his witness statement on oath.
After Fasogbon, who is Honeywell’s Property Manager, adopted his statement, opposing lawyers objected to the tendering of the bundle of documents by Nwobike.
This made Nwobike to ask for an adjournment on the grounds that he needed time to study the documents in order to address the issue of relevance which the opposing lawyers raised in their objection.
Nwobike also said he was requesting an adjournment to enable him to file fresh response in view of an earlier order granted by the court deeming the processes filed out of time by the defendants to have been properly put before the court.
Counsel for BPE and NPA, Prof. Taiwo Osipitan (SAN), and that of Dangote and his companies, Mr. Seyi Sowemimo (SAN), opposed the application for adjournment, arguing that it would only constitute a further delay in the matter which had been on since 2006.
“It is not right to now request for an adjournment to file a reply. Since 2006, we are still on this witness,” Sowemimo said.
On his part, Osipitan said the reasons for asking for an adjournment was not justified.
“We cannot be coming and going back without making any progress. He can always file his response. He can file it tomorrow, next week or anytime,” Osipitan said.
Nwobike insisted on the adjournment relying on Order 13, Rule 3(1) of the Federal High Court Rules which he said guaranteed the right of the plaintiffs to file such response.
Presiding judge, Justice Okon Abang, who said he was bothered about age of the case, granted the application for an adjournment and fixed March 7 and 11 for further hearing.
Otudeko had filed the suit in 2006 before Justice Ramat Mohammed. The matter was transferred to Justice Abang upon Mohammed’s retirement from the bench.
The plaintiff averred that by an agreement, NPA leased the land to him for five years for N2.2m yearly.
He said the land was to be used for the setting up a bulk food handling facility, adding that in keeping with the agreement, it paid the amount and additional N290,000 for survey.
According to the plaintiff, the BPE suddenly suspended his pre-existing rights, and granted the concession to Greenview Development Ltd belonging to Dangote.
He said that NPA and BPE later asked him to vacate the facility to ensure its smooth transfer to the new operator.
Otudeko averred that Dangote, through his agents, harassed, threatened and ordered his employees to vacate the land.
Otudeko urged the court to declare Honeywell Group as the exclusive legal occupier of the land and to restrain the defendants from treating it as a stranger or trespasser on the land.
