The Saraki family has dragged Kwara State Government to Appeal Court requesting for an order of stay of execution against the ruling of the Kwara State High Court.
This action was taken through the Asa Investments Limited owned by the former Senate leader in the second republic National Assembly late Dr. Olusola Saraki, and Alhaji Sanusi Baba-Eleku.
On August 6, 2020, Justice Abiodun Adebara had delivered a ruling regarding the suit before the lower court on the disputed Ile Arugbo.
According to This day live, The trial court in its ruling vacated the interim injunction it had earlier granted in favour of the Asa Investment Limited to preserve Ile Arugbo, and maintain the status quo pending the determination of the motion on notice for interlocutory injunction filed by the applicants.
According to the motion filled by the applicants on September 4, 2020, it was noted that Justice Adebara’s ruling of August 6 has the effect of empowering the respondents to destroy the subject matter (Ile Arugbo) of the suit.
They further sought for an order of the Appeal Court to stay proceedings in the suit on Ile Arugbo pending the hearing and determination of the appeal before it.
The applicants also sought an “order of the appellate court restraining the respondents- Governor of Kwara State, state House of Assembly, Attorney General of the state, Director-General of the state Bureau of Lands and the Inspector General of Police (IG)-by themselves or through their servants, agents, privies or otherwise howsoever described, from taking any step or further step in recognition or in pursuance of the ruling of the state High Court delivered by Justice Adebara on August 6, in suit number: KWS/463/2019 pending the hearing and determination of the appeal lodged by the applicants against the said ruling.”
In the motion filed by the applicants litigation team led by Dr. Akin Onigbinde (SAN), they asserted that “it is in the interest of justice to preserve the subject matter of the suit (Ile Arugbo).
Among other grounds of application, the applicants added that: “The applicants had earlier filed an application for leave to appeal before the trial court on August 13, 2020, but the said application was not heard until the time the appeal lapsed.
“The applicants have subsequently filed another application for leave before this court on September 4, 2020.“The applicants will suffer substantial loss if the said ruling of August 6, 2020, and the proceedings in suit number KWS/463/209 before the trial court are not stayed.”
The Appeal court has acknowledge the receipt of of the applicants’ motion on notice on September 8, 2020.
However, no date has been fixed for hearing of the motion.317