Lawyer Petition Federal High Court Chief Judge, CP Over Unlawful Ejection By Security Personnel

Posted by Ignatius Okpara Latest Headlines, News Across Nigeria, News From The State Thursday, May 26th, 2022

(AFRICAN EXAMINER) – MayFresh Mortgage bank limited has petitioned the Chief Judge, Federal High Court, of Nigeria, Justice John Tsoho, and the Rivers State Commissioner of police over the unlawful and illegal use of the Command’s personnel to eject the financial institution and other tenants from their offices by Sterling Bank PlC.

The financial Company, in the petition filed on her behalf by its Lawyer, Barrister Olu Omotayo, said the unlawful action was perpetrated at its Port Harcourt, Rivers State branch by Sterling bank and Abdulmajeed Oloriegbe, appointed Receiver/Manager over three Mortgaged properties of PTD Engineering Limited.

The petition made available to African Examiner Thursday in Enugu read thus: “we write to you in respect of the above-mentioned matter on behalf of Mayfresh Mortgage Bank Limited with Corporate office at Off 1A, Ladoke Akintola Boulevard, Garki 11 , Abuja.

“The bank also has a branch at Olu Obasanjo Way, Port Harcourt, Rivers State.

“We shall hereafter refer to the bank as our client. The bank branch was unlawfully invaded on the 24th May 2022, by officials of Sterling Bank Plc, and the Appointed Receiver ABDULMAJEED OLORIEGBE disrupting banking activities and shutting down of the bank and at the same time ejecting tenants on the property with the assistance of Police officers.

According to the petition, “Sterling Bank Plc, and the said Receiver were said to be acting based on the Order of Federal High Court Port Harcourt which appointed the Receiver over the property of a debtor of Sterling Bank.

“With due respect sir, it is submitted that the Order of the Honorable Court that appointed the Receiver is clear enough.

“It grants the Receiver the power to take over the property thereby taking over the rights of the debtor company in respect of the property.

“The Receiver takes over the property and also acquires the liabilities of the debtor. The tenants on the property are to be inherited by the Receiver and if the Receiver wants to eject them it must be in accordance with the provisions of Landlord and Tenants Law of Rivers State.

It added that “the said Order of Court is attached to this petition. The duty of the Police in relation to the Order of Court in respect of this matter is to assist the Receiver to enter into the property but not for the Police to assist the Receiver to forcefully throw out the tenants on the property.

” The bank maintained that “the Receiver can only eject the tenants on the property through the due process of law and an order of Court of competent jurisdiction.

“Our Client Mayfresh Mortgage Bank Limited is a yearly tenant and normally pays 2 years advance rent to the landlord, so it is therefore, illegal and unlawful for the Police to allow themselves to be used for an act that was clearly beyond their constitutional role.

Our Correspondent reports that the petition which was also copied to the Deputy Chief Register, Federal High Court Port Harcourt, Rivers State, pointed out that the “said Court Order is not so wide to confer such powers of illegality as displayed in this matter.

“We submit that it is therefore, wrong and unlawful for the sheriffs of the Honorable Court to in connivance with the Police and the Receiver embark on the illegal and unlawful act of evicting legal tenants on the property.

“We urge you to take urgent necessary action as the circumstances of this case demands and restrain the Sheriffs of the Honorable Court from further unlawful act aimed at evicting our clients from the property and allow our client to continue rendering its’ lawful duties to the members of the public who were denied from accessing their funds today due to this act of illegality.