An FCT High Court Kubwa, on Monday ordered Mukhtar Galadima, Acting Director, Development Control, Federal Capital Development Authority (FCDA) to appear before it over alleged refusal to obey the courts’ order.
The presiding Judge, Justice Kezziah Ogbonnnaya, in her ruling, said that the court, on May 3, gave an injunction on a property in an initial suit, number CV/1172/2017, filed by Jenhill Industrial Services Limited.
The plaintiff and 123 others filed the suit against the FCT Minister, Federal Capital Development Authority (FCDA) and Abuja Development Control over a land dispute.
She however, said that a motion before the court showed that the defendants violated the said order by demolishing structures on the property in the matter.
Ogbonnaya said: “Today, one of the parties in the suit violated the said order as alleged in a motion, number M766o/17, filed by the plaintiff’s counsel.
“The motion, yet to be responded upon by the defendants’ counsel, also alleged that the plaintiff counsel, who went to the said property to make inquiries, was assaulted by a staff of the department.
“Let me note that fair hearing is constitutionally guaranteed; if the right to fair hearing is abused, then its purpose would be defeated.
“Plaintiff’s counsel has asked the defendant’s counsel to make an undertaking that both the Director and the Haliru Umar, the respondents in the motion, would be present in court at the next adjourned date.
“However, only the court has the right to give that order.
“Parties have been served on June 14 and the defendant’s counsel, who is yet to respond, still has time to do so.
“This is the court’s order; that the respondents in the said motion must be in this court at the next adjourned date and tell the court why the court should not hear the suit as filed by the plaintiffs.”
She said court orders were meant to be obeyed and only lawyers, in their professional duties, can make the people understand the implication of violating such orders.
The Judge adjourned the case until June 22, for hearing.
Earlier, Mr O.D Opia, counsel to the plaintiffs, told the court that he has served parties involved and the court with a motion, asking for committal to prison, for violating the court’s order.
Opia also noted that the defendants were neither present nor represented in court as such, asked Mr C. A Agashiya, the defendant’s counsel, to make an undertaking before the court that the defendants would be present at the next adjourned date.
“This is no more a civil matter, but a criminal matter. If you can assure that they would make themselves available, then I would agree to the time extension you prayed for,’’ he said.
The defendant’s counsel, Agashiya, who confirmed that his party was duly served, prayed the court to grant him an extension of time to respond and file the response to the said motion.
This, he said, was because his laptop which was attacked by a virus, has crashed and out of use at the moment. (NAN)
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