An Abuja High Court has adjourned the hearing of a motion seeking punitive sanction against parties who allegedly violated a subsisting court order in the Abuja market dispute suit until Nov. 13.
The court fixed the date following the inability of the presiding judge, Justice Yusuf Halilu, to hear the matter.
The motion bordered on the ongoing dispute over the Apo Resettlement Market Scheme.
The claimants; the AMAC Investment Development Company and two others had dragged Dr Shuaibu Omeiza Musari and Techs and Concrete Nigeria limited to court as respondents.
At the centre of the dispute is Plot 1729, Cadastral Zone E27, Apo District, Abuja, where a multi-billion naira market project is being developed.
Justice Halilu, had in a ruling delivered on April 15, granted an interlocutory injunction, restraining all parties, particularly the claimants, from continuing any form of construction work on the site, pending the determination of the substantive suit, marked: CV/467/2024.
The order followed the application filed by Techs and Concretes Nigeria Ltd to preserve the status quo.
The respondents’ lawyer, Realwan Okpanachi, had alleged that the claimants in the suit went ahead with the market project in contravention of the order of the court made in April 15.
In the motion, the respondents is, therefore, seeking an order of the court mandating the claimants to pay N850 million as punitive/exemplary costs for allegedly ignoring the court’s injunction.
An order for the demolition of any structure already built on the disputed land in fragrant violation of the court injunction.
Alternatively, they sought an order directing the Inspector-General of Police, FCT Commissioner of Police, and the Director-General of the Department of State Services (DSS) to seal the property to preserve the subject matter and ensure compliance with the court order.
In the supporting affidavit, Techs and Concretes alleged that despite having served and pasted the April 15 order at the site, the claimants removed the posted order, erased related inscriptions and resumed construction in disregard of the injunction.
They argued that unless the court imposes sanctions, its orders risk being treated with contempt, and its authority undermined.
Techs and Concretes had earlier told the court that a joint venture agreement was signed between it and Manillah Integrated Partners Ltd, with Techs and Concretes acting as financier, co-developer, and sole marketer, while Manillah served as developer.
The company, however, accused Manillah and its allies of breaching this agreement by unilaterally continuing the market development and later initiating a suit to avoid accountability.
The judge had, on April 15, held that the interlocutory injunction was granted in the interest of justice and fair play.