Section 36(4) of AMCON(amendment 2) Act is Unconsitutional- Court
A Lagos State High Court presided over by Honourable Justice Jose has declared unconstitutional the provisions of Section 34(6) of the AMCON(Amendment No. 2) Act, which prohibits the Court from granting an injunction against AMCON in the course of exercising its powers.
The court on thursday ,ruling on an application for Injunction filed by Mr. Adedayo Mumuni Shittu through his counsel Mayowa Owolabi of Pistis Partners LLP against Mr’ Lanre Olaoluwa, held that the powers of the Court cannot be curtailed by an Act of the National Assembly.
Mr Shittu had approached the Court seeking for an order restraining Mr Lanre Olaoluwa from preventing him from gaining access to his home in Victory Park Estate, Lekki, Lagos.
Mr Shittu had bought and developed the property, where he lived with his family before Mr’ Lanre Olaoluwa forcefully ejected him and his family from their home relying on a Judgment against persons who sold the property to Mr Shittu.
The Asset Management Corporation filed an application to join the suit and raised an objection that by virtue of the provisions of Section 34(6) of the AMCON Act, no Court in Nigeria can grant an Injunction against the Corporation in the exercise of its powers under the Act.
The court in granting the injunction held that the provisions of the Act, were unconstitutional and nothing in an Act can curtail the powers and sanctions of the Court, which extends power extends to all persons, government, authority and entities such as the Asset Management Corporation.
The said AMCON Act was passed in August 2019
The matter was adjourned to 6th November, 2019.