Ibadan Circular Road: Court restrains Oyo Govt, Craneburg, others from disturbing activities of ENL Consortium Ltd
By YEJIDE GBENGA-OGUNDARE
Justice Enobie Obanor of a Federal High Court sitting in Abuja, has issued a restraining order against five people; Craneburg Construction Company Ltd, Fadi Khalil, Mohammed Abdul, the Oyo State Government and the Attorney General and Commissioner for Justice in Oyo State, mandating them not to interfere or trespass in any way on the part of the Ibadan Circular that had been concessioned to ENL Consortium Ltd.
Justice Obanor gave the order while ruling on a Motion Exparte application dated July 4, 2022 and delineated FCT/HC/M/8903/2022, mandating that the five respondents or their agents and privies should not in any way or manner, trespass, disturb, interfere or take any action that will disturb the business of ENL Consortium Ltd in respect of a subsisting self financing concessionaire of the 32km East End wing of the proposed Ibadan Circular Road, under the terms of the concession agreement of August 25, 2017 with the Oyo State Government.
The restraining order of the court subsists pending the hearing of the substantive suit delineated FCT/HC/CV/2133/2022 before the Federal High Court.
ENL Consortium Ltd had asked the court for “an order of Interim Injunction restraining the defendants from acting either by themselves or through their servants, agents, officials, staff, representatives or any other person(s) connected to them from further interference, disturbance, trespassing, or any other action or conduct in like manner with the business of the claimant in respect of a subsisting self-financing Concessionaire of the 32-kilometer East End Wing of the kilometer proposed The Ibadan Ring Road (the Ibadan Circular Road) under the terms of the Concession Agreement dated 25th August, 2017 with Oyo State Government pending the hearing and determination of the Motion on Notice in this suit.”
The court’s order was part of the orders prayed by the ENL Consortium Limited against the five respondents after reading through the processes filed; the Motion Exparte application, affidavit in support sworn by Engr Kola Aledare and the written submissions of ENL legal representative, B.J Akomolafe and seven exhibits, having found the application meritorious.
“The court is satisfied that this application is meritorious and it is hereby granted and orders made as prayed pending the hearing of the Motion on Notice. Case is adjourned till July 15 for hearing,” Justice Obanor held.
It will be recalled that the Ibadan Circular Road project was concessioned to ENL Consortium Ltd by the Late Abiola Ajimobi administration on a contractor self financing arrangement and the ENL had commenced work before the current administration of Governor Seyi Makinde announced the termination of the contract while ENL was still on site.
ENL had kicked against the government’s announcement on the ground that the action is a breach of their agreement with the government and having spent the sum of N3.9bn of its personal funds bush clearing, compensation to landowners, asphalt laying, networks and rock blasting, in line with the agreement with government to self finance the project.
Other orders asked from the count by ENL Consortium Ltd include “an order granting leave to the Claimant/Applicant to serve the originating processes in this suit being Writ of Summons Statement of Claim and other accompanied processes on the 3rd Defendants/Respondents.”
And “an order granting leave to the Claimant/Applicant to serve the originating processes in this suit being Writ of Summons Statement of Claim and other accompanied processes on the five Defendants/Respondents.”
