Hearing of the suit seeking judicial review of the proceedings, report, and recommendations of the Ministerial Committee set up by the FCT Minister, Barr. Nyesom Wike, on River Park Estate was stalled on Monday.
It has consequently been adjourned to November 5.
The matter is before Justice Mohammed Zubairu of the High Court of the Federal Capital Territory sitting in Jikwoyi-Kurudu.
The matter was adjourned because counsel to the Federal Capital Development Authority (FCDA) and the FCT Minister, 1st and 2nd Respondents, respectively, could not file and serve his reply processes on the Applicants.
At a resumed sitting, Anthony Malik (SAN) announced appearance for the Applicants, Paulo Homes Nigeria Ltd and House For Africa Nigeria Ltd.
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Emma Ukala (SAN) represented the 1st Respondent (FCT Minister) and the 2nd Respondent (Federal Capital Development Authority).
Sunday Ameh (SAN) appeared for one Kojo Mensah, a party seeking to be joined in the matter, while Ojonimi Apeh Esq., stood in for the majority shareholder of Jonahcapital Nigeria Ltd, Dr Adeniran Ogunmuyiwa.
Gilies Anazia, Managing Director of Paulo Homes Nigeria Ltd and Azike Vincent, Director, Houses For Africa Nigeria Ltd, were all present in court.
While making his submission, Malik recalled that on September 17, His Lordship had granted the Applicants, leave to apply for judicial review of the proceedings, report and recommendations of the Ministerial Committee set up by the FCT Minister on River Park Estate.
Malik also told the judge that the court ordered that the leave also served as a stay of further actions on the River Park Estate matter and by implication the FCT Authourity cannot do anything to implement the report until the court determines the matter going forward.
Subsequently, the Applicants’ counsel informed the court that in view of those proceedings, he filed a motion on notice on September 18.
However, Malik told the judge that all processes in respect of the motion on notice have been served on the Respondents, “but till this moment, neither of the Respondents has entered a memorandum of appearance, nor have filed any responsive processes to the Applicants’ motion on notice.
In his arguements, the senior lawyer said that having not filed any process, the Respondents have conceded to all the issues raised by the Applicants in their application.
“So, the burden now lies on the Applicants at this point to prove, and subject to the court’s convenience, we are ready to proceed, Malik stated.
In his defence, Ukala told Justice Zubairu that the 1st and 2nd Respondents actually instructed his Chamber last week to represent them on the matter.
“Our processes are ready, and every effort we made this morning to get them filed at the Court’s registry was unsuccessful. They went to file but were told by the court registry that the receipt book had been sent to Maitama for auditing purposes.
“As a result of that, we couldn’t file our reply processes. We have copies of the processes we intend to file, here in court. Even if we had filed today, we are still within time. Therefore, it’s not good to say there’s no defence, Ukala submitted.
He therefore urged the court to discountenance the application by the Malik on behalf of the Applicants for the court to hear the motion for judicial review.
On his part, Ameh, apologised for coming late, just as he informed the court that he was not aware of the pendency of the matter until Thursday last week.
He said the Applicants/Respondents counsel was served with the joinder application in court and assured that he would serve the counsel to the 1st and 2nd Respondents with the application.
Malik confirmed that Mr Ukala, had indeed extended the courtesy of advancing copies of processes he had filed to him a few minutes ago.
“But I’m at a loss as to what to respond to” Malik stated.
On the submission of Ameh on adjournment, Malik simply replied that “You can’t be asking for an adjournment when you don’t know whether I will be opposing or not.
“At the time I made that submission that they have no defence, they have not served the advance copies. I will reluctantly conceed to the adjournment but it should be for a short time, Malik said.
In a short ruling, Justice Zubairu adjourned to November 5, for hearing of the motion.