Date Published: 04/08/10

No Court Order stopping Govt. on Maryam Babangida Memorial Centre, Says Delta AG

The Delta State Government has refuted media reports that a court of law had ruled against the use of a piece of land for the proposed women development centre to be built in memory of late Maryam Ibrahim Babangida, saying there was never any such order of court.

In a press statement by the Attorney-General and Commissioner for Justice, Chief Victor Otomiewo, the state government described the reports in respect to Suit no. A/198/2009: O & E (Nig) ltd vs the Attorney General and Commissioner for Justice, Delta State and 4 Ors, as “desperate attempts” to put the government in bad lights.

The statement clarified that the property referred to in the suit is different from the one being proposed for the memorial women development centre, noting however that, the ex parte injunction being reported has since lapsed since March 4, 2010 by virtue of a rule of the court.

According to the Attorney-General and Justice Commissioner, “the land covered by the interim order of injunction as borne out of the court processes filed by the parties are plots 19 and 25, Phase 2, Block 2 Core Area, Asaba while the land being developed by the State Government is Plot 153, Central Spine, Phase IV Asaba which has nothing to do with the order of court. The layout plan of the area is annexed as exhibit ‘C’ to the affidavit in support of the motion.

“Besides the foregoing, it is important to point out that the court order now being touted by O&E (Nig) Ltd has since abated by operation of law and is no longer existent. By order 39, rule 7 (3) and (4) of the High Court of Delta State (civil procedure) rules  2009 under which rule the order was made, an order such as the under reference made pursuant to an ex parte application, shall abate after 7 days unless a fresh application is made to court to extend its operation. The order in question was made on the 25 of February, 2010. By operation of law, the order abated on 4 th of March 2010 since no application was made to court to extend its life span.

“We need to emphasize that this government is one that places premium on the rule of law and would continue to abide by every order of court.”