Hammed Shittu in Ilorin
The Asa Investments Limited owned by the former Senate leader in the second republic National Assembly, late Dr. Olusola Saraki, and Alhaji Sanusi Baba-Eleku has filed a motion on notice before the Court of Appeal in Ilorin, requesting for an order for stay of execution against the ruling of the High Court of Kwara State.
Justice Abiodun Adebara had on August 6, 2020, delivered a ruling regarding the suit before the lower court on the disputed Ile Arugbo.
The trial court in its ruling vacated the interim injunction it had earlier granted in favour of the Asa Investment Limited to preserve Ile Arugbo, and maintain the status quo pending the determination of the motion on notice for interlocutory injunction filed by the applicants.
The applicants in the motion on notice filed before the appellate court dated September 4, 2020, said Justice Adebara’s ruling of August 6 has the effect of empowering the respondents to destroy the subject matter (Ile Arugbo) of the suit.
The applicants also sought an order of the appellate court to stay proceedings in the suit on Ile Arugbo pending the hearing and determination of the appeal before it.
They also sought an “order of the appellate court restraining the respondents- Governor of Kwara State, state House of Assembly, Attorney General of the state, Director-General of the state Bureau of Lands and the Inspector General of Police (IG)-by themselves or through their servants, agents, privies or otherwise howsoever described, from taking any step or further step in recognition or in pursuance of the ruling of the state High Court delivered by Justice Adebara on August 6, in suit number: KWS/463/2019 pending the hearing and determination of the appeal lodged by the applicants against the said ruling.”
In the motion on notice filed by the applicants’ lawyers led by Dr. Akin Onigbinde (SAN), the applicants averred that “it is in the interest of justice to preserve the subject matter of the suit (Ile Arugbo).
The counsel, among other grounds for application, said: “The applicants had earlier filed an application for leave to appeal before the trial court on August 13, 2020, but the said application was not heard until the time the appeal lapsed.
“The applicants have subsequently filed another application for leave before this court on September 4, 2020.“The applicants will suffer substantial loss if the said ruling of August 6, 2020, and the proceedings in suit number KWS/463/209 before the trial court are not stayed.”
The appellate court acknowledged the receipt of the applicants’ motion on notice on September 8, 2020.
The appellate court has however not fixed a date for its hearing.