The State High Court sitting in Ilorin, Kwara State has fixed January 24th, 2020 as the commencement date for hearing on the case between Kwara State Government and Asa Investment Ltd.
It will be recalled that the Abdulrazaq-led Kwara State Government had earlier this month, January 2020 demolished some properties at the Ilofa road, GRA Ilorin, properties and land belonging to the late political leader of Kwara politics and father to former Senate President Bukola Saraki and State Minister for Transportation, Gbemisola Saraki; Dr Olusola Saraki, on the alleged grounds of acquiring the said contended piece of land illegally and without due process.
In reaction, Bukola Saraki as an interested party in the matter, via his lawyer filed a motion ex-parte through his counsel Abdulazeez Ibrahim for stay of execution at the court.
As such, the court restrained the defendants, being the Kwara State Government and others and anyone acting on their behalf, from carrying out any further demolishing of the property under contention, being the ile-arugbo.
Joined in the suit as defendants are: Kwara State Governor AbdulRahman AbdulRazaq, Kwara State House of Assembly, Kwara State Attorney General and Commissioner for Justice, Director General, Kwara Bureau of Lands and the Inspector General of Police.
Earlier, Bukola Saraki’s lawyer had told the court that the case was for hearing on motion on notice for interlocutory injunction.
He added that he had filed motion ex-parte for service on defendants/respondents by substituted means.
He said that he had not been able to serve the fifth respondent (Inspector General of Police), saying that the first to the fourth respondents had been served and they responded too. But the fifth responded has not been personally served.
He added that the motion on notice was dated and filed 13th and 14th January. The application for the motion ex-parte is supported by seven paragraphs affidavit deposed to by one Ayo Ibrahim. We rely on all the averments therein. We also filed a written address in support of the affidavit. I pray the court to grant the order so that we can make progress.
Pending the time all the court processes would have been served the fifth respondent, Ibrahim said: We are applying orally for the court to order all the parties to maintain status-quo in the interest of peace and justice as well as an extension of tenure of the interlocutory injunction.
In his reply, Attorney General and Commissioner of Justice Salman Jawondo said with respect to motion on substituted service, we can only be seen but not heard.
He added: We are opposed to the application of tenure extension of the interlocutory injunction or whatever name it is called.
The application is also an invitation to chaos as the case attracted much heat and attention even beyond its content.”
Ruling on the motion ex-parte for substituted service to the fifth respondent, presiding Judge AA Adebara granted the application.
In this application, attempts at personal service to the fifth respondent met the rock. I am satisfied that the service be made by pasting court processes on the notice board in the premises of the Kwara state police command, he said.
Declining to make express statement on the application for tenure elongation of the interlocutory injunction, Justice Adebara urged all the parties in the suit to maintain their calm and preferably seek for a way of settling the matter out of court.
Justice Adebara said: The first paramount thing for this court is to encourage all parties to settle the case amicably out of court; nothing is impossible.”
Settlement out of court is never too late to explore. I want the two sides to believe that by the special grace of God peace will prevail. I am appealing to the two sides that there should be a mutual understanding,” he said.
He then adjourned the case to January 24th 2020 for hearing.