Justice Yunusa Shafa has reserved ruling until 26th April, 2023, in an application filed by Maxwell Opara Esq to commit Chief of Army Staff (Maj.Gen. Farouk Yahaya & 2 others) to prison for their disobedience to court order, which restrained them from demolishing Lungi Building Material Market, Maitama Extension.
Recall that in a suit marked: SUIT NO FCT/C/CV/2841/2023 and MT. NO: FCT/HC/M/6827/2023, Justice ALIYU YUNUSA SHAFA, of the FCT High Court, the court restrained the defendants pending the determination of a subsisting case before him.
Joined as defendants were G.T.O Ajetunm, S. S. Jiya and Attorney General of Federation.
The Incorporated Trustees of Lungi Mammy 3 Traders Association, Abuja, were thrown into a state of pandemonium when members of the Nigerian Army Welfare Department had come in this year to demolish the market area.
Their lawyer, Maxwell Opara Esq, approached the court asking it to restrain the Nigerian Army from going ahead with its unconsidered actions.
However, to stop the action embarked upon by the army, an application seeking an interim injunction through a motion ex parte was filed before Hon. Justice Aliyu Yunusa Shafa.
The court, in granting the application, restrained the Nigerian Army or its privies from demolishing the Lungi Building Material Market, Maitama Extension.
The court which granted the ex parte motion on 6th of April had ordered that the Nigerian Army or any of its privies should not claim title and trespassing further by demolishing the Lungi Building Material Market Maitama Extension pending the determination of the motion on notice (substantive suit) which had been filed according to a report by The Nigetia Lawyer am online news publication.
The said order had been served to the Nigerian Army, the Nigerian Army Welfare Department, and the Attorney General of the Federation.
However, in a twist of event, the lawyer to the traders, Maxwell Opara informed TheNigeriaLawyer, that he received a call from the Nigerian Army that they were going on with the demolition plans despite subsisting court order.
The substantive suit was slated for 4th of May, 2023 for hearing, and the interim order had yet to elapse.