Osborne 2 Estate’s lies against Lekki Gardens: The facts

In their recent misguided protest and orchestrated play to the gallery, the Osborne 2 Residents’ Association (OSFRA) as usual made false and unfounded allegations against Lekki Gardens.

We are once again constrained to clarify issues and put the Public in the know of the factual position of things as they truly stand.

1. DOES LEKKI GARDENS ESTATE LIMITED (LEKKI GARDENS) OVERBUILD ITS APPROVALS OR FAIL TO PROVIDE ADEQUATE INFRASTRUCTURE FOR ITS PROJECTS IN THE ESTATE?

No, it does not. Which is why the Lagos State Government (LASG) and the Ministry of Urban and Physical Planning have allowed it to carry on with its Projects after several detailed reviews based on the baseless & malicious petitions by OSFRA.

2. DID LEKKI GARDENS BLOCK THE CANALS IN THE ESTATE THEREBY CAUSING FLOODING AS ALLEGED BY OSFRA?

No, it did not. The activities of Lekki Gardens in the estate have not caused any blockage and will not block any canal in the Estate or elsewhere. The terrain of Osborne 2 Estate and its proximity to the Lagoon makes it susceptible to flooding like other Estates in the area and the flooding has nothing to do with the activities of Lekki Gardens.

3. DID LEKKI GARDENS DISOBEY THE COURT ORDER BY JUSTICE I. N. OWEIBO OF THE FEDERAL HIGH COURT?

No, it did not. The Court order MADE EX PARTE by OSFRA against Lekki Gardens Estate Limited was procured WITHOUT FULL DISCLOSURE OF SUBSISTING material FACTS TO THE COURT. The said Order purporting to restrain Lekki Gardens Estate Limited from continuing its developments within the Estate was a desperate act by OSFRA to stop the Company from continuing with its legitimate business within the Estate despite a valid and subsisting order on the same matter by the High Court of Lagos State. OSFRA by instituting this Suit at the Federal High Court is in apparent contempt of the Order of the High Court of Lagos State.

The position of the SUPREME COURT is clear on the subject matter of ex parte applications:

• The Supreme court in the case of (1) Group Danone & Anor V. Voltic (Nigeria) Limited (2008) LPELR-1341(SC and (2) INEC vs Oguebego (2018) 8 NWLR (Pt. 1620) 88. has decisively and conclusively held that the Defendant to an ex parte order cannot be in breach or in contempt if he has filed an application to vacate or set the order aside. Our Company had promptly filed an application before the same Federal High Court judge to vacate the order obtained by OSFRA.
• Secondly, the Supreme Court in the case of The Attorney Lagos State V. The Attorney General of the Federation & ORS (2003) nLPELR-620 (SC); (2003) 12 NWLR (Pf. 833) 1. makes it clear that the authority to issue necessary building approvals/permits, irrespective of whether the land in question is covered by a Federal Certificate of Occupancy is firmly vested in the State where the land is situated.
• The issue of hierarchy of the Courts is also of great importance in this matter. Under the Constitution of the Federal Republic of Nigeria, the High Court of Lagos State that issued the order to maintain the status quo on July 1, 2020 and the Federal High Court that was subsequently approached by OSFRA are Courts of coordinate jurisdiction; so the Federal High Court order does not and cannot stand superior to the valid and subsisting order of the High Court of Lagos State. This is further buttressed by the maxim of equity which states that “when two equities are equal, the first in time shall prevail”. In this instance, the Order of the High Court of Lagos State is first in time.

Most Importantly, the Suit instituted against Lekki Gardens by OSFRA was subsequently struck out on Tuesday August 10, 2021 by the Honorable Justice I.N. Oweibo of the Federal High Court as an abuse of court process and costs awarded against OSFRA in favor of Lekki Gardens. The Learned Judge also held that the Federal High Court lacks jurisdiction to hear the matter, this by extension means that the Court ought not to have granted the ex parte order in the first instance which by the decision of the same Court is now an absolute  nullity.

The facts stated herein are clear and can be easily verified and validated from the records of the Courts.

Lekki Gardens remains committed to being law abiding, maintaining the peace and allowing the rule of law and wise counsel to prevail.

SIGNED

MANAGEMENT OF LEKKI GARDENS ESTATE LIMITED