By Onyewuchi Ojinnaka
In a clear violation and utter disregard to a Supreme Court ruling, officials from the Lagos State Government on Friday forcibly entered the premises of Admiralty Fleet Limited (BICS Garden), located at Wole Olateju Crescent, Lekki, and threatened to demolish structures on the property.
The Supreme Court had in a judgement delivered by Justice John Okoro and read by Justice Emmanuel Agim, affirmed that the Federal Government has exclusive authority over activities related to Nigeria’s inland waterways.
Specifically, the apex court ruled that no state has the right to regulate or impose levies on businesses operating in this sector.
The judgement vested control of the nation’s inland waterways in the Federal Government, through agencies such as the National Inland Waterways Authority (NIWA) and the Nigerian Maritime Safety and Standards Agency (NMSSA), rather than state governments.
Despite this ruling, at approximately 7:30 a.m. on Friday, officials from the Lagos State Task Force forcibly entered the property of Admiralty Fleet Limited, in utter disregard to an existing Federal High Court order on suit number FHC/L/CS/1384/21 which expressly barred such action.
The officials allegedly threatened to demolish all structures on the property, despite the company holding a valid Federal Certificate of Occupancy (CofO), which affirms its legal rights to the land.
These actions have raised serious concerns about the disregard for both the Federal High Court’s injunction and the Supreme Court’s judgement.
Recall that in 2021, Justice Daniel Osiagor of the Federal High Court, Lagos, issued an injunction restraining the Lagos State Attorney-General and the Lagos State Special Task Force from interfering with the property at B20, Wole Olateju Crescent, Lekki, pending the resolution of the legal dispute.
This injunction, granted on October 18, 2021, followed a petition filed by Admiralty Fleet Limited and Admiral Festus Porbeni (Rtd), who accused the Lagos State government of illegal encroachment.
The dispute dated back to December 4, 2008, when Admiral Porbeni applied to the National Inland Waterways Authority (NIWA) for approval to construct a jetty and boat club on the site.
NIWA granted the application, but on September 30, 2021, officials from the Lagos State Task Force entered the premises without prior notice or a valid court order, marking the company’s equipment, machinery, and structures for removal within 48 hours.
The plaintiffs are therefore seeking a court declaration that the actions of the Lagos State Task Force constitute trespass and violate their constitutional right to own property, as guaranteed under Section 43 of Nigeria’s Constitution.
This flagrant breach of judicial orders, coupled with defiance of the Supreme Court ruling, raises grave concerns about the rule of law in Lagos State and the continued overreach of state agencies, despite federal protections.