A judicial rights group, known as the Peace and Anti-Corruption Advocacy (PACA) has urged the Asset Management Corporation of Nigeria (AMCON) and its legal representative, Joe Dappa Esq., to follow due process provided and allow the judicial process take its course without taking laws into their hands.
PACA asked AMCON to thread with caution and maintain status quo while awaiting the final decision of the Court of Appeal over a matter involving AMCON and another company, Assorted Foods and Integrated Beverages Limited, over the ownership and right to possession of a property located at Plot No. 136, Aminu Kano Crescent, Wuse II, Abuja.
The group in a release signed by Abuja- based human rights advocate, Osuagwu Ugochukwu, appealed to AMCON to exercise restraint,pending the decision of the Court of Appeal, adding that no party however powerful and highly placed should take law into its hands and disregard the court.
According to PACA, based on court processes, it appears that AMCON is not ready to await the Appellate Court decision in a matter between it and Assorted Foods as to the ownership and right to possession of the said Abuja property. It said it acknowledged that the corporation got a judgment allowing it to take possession of the said property on May 16, noting that Assorted Foods had immediately filed a notice of appeal and motion for injunction which was duly served on AMCON and its lawyers.
The group said records at its disposal revealed that AMCON filed responses to the appeal process to contest the appeal, indicating that parties have submitted themselves to the Court of Appeal and is expected to sheathe their swords and await the final decision of the court.
“Parties should respect the doctrine of lis pendence, which prevents the transfer of rights in the property i.e plot 136, Aminu Kano Crescent which is the subject matter of an action pending in Appeal Court, Abuja for it would be plainly impossible that any action or suit could be brought to a successful termination if alienation pendent lite were allowed to prevail,” PACA said.
Assorted Foods had through a letter submitted to the Court of Appeal on 21/11/2019, alleged that AMCON brought 30 mobile policemen to chase out tenants on the property.
PACA described the action as condemnable and an assault to sensibilities that AMCON staff could allegedly “detain the Court of Appeal Bailiff, Mr. Emeka Obiakor who came to serve it with the appellant’s notice of appeal, motion for injunction and other appeal documents on 18/11/2019. This is an unacceptable conduct where parties are before the higher court.”
“We therefore urge AMCON to thread with caution and await the final decision of the Court of Appeal over the subject matter i.e Plot 136, Aminu Kano Crescent, Wuse II, Abuja.,” the group added.