Out-of-Court Settlement: Saraki, Gov Abdulrazaq meet today for commencement of talks
By Mumini AbdulKareem
Consequent upon the advice of a Kwara State High Court, Kwara State government has subsequently agreed to explore an out-of-court-settlement on the disputed land between it and the family of the late Second Republic Senate Leader, Dr Olusola Saraki.
The state High Court, sitting in Ilorin, had on January 15,2020 advised parties in the suit to in the interest of peace, explore an out of court settlement over the disputed land on which Saraki’s Ile Arugbo was erected.
The state government’s action is, however, in response to an earlier letter from the Saraki’s lawyers seeking an amicable resolution to the dispute.
Agents of the state government had on January 2nd this year demolished the property located at Ilofa road, GRA, Ilorin over alleged irregularities in the allocation of the land housing the structures.
This has led to litigation between Asa Investments Limited, (a company owned by the late Saraki) and the state government.
At the resumed hearing of the case on Friday, counsel to Asa Investments Limited, AbdulAzeez Ibrahim informed the court that his clients had received a letter from the Kwara state Ministry of Justice inviting them to a meeting slated for January 27th, 2020.
Ibrahim added: “On January 15th, your Lordship conscientiously advised parties to explore settlement of the case out of court in the interest of peace in this state of harmony. Consequent upon that we as counsel to the claimant had to persuade our client and after thorough discussions our client instructed us to write a letter to the Attorney General and Commissioner for Justice of the state on our readiness to meet with him. And we served him the letter on the 20th January, 2020.
“Consequently, this morning in this court, we were served with a letter dated January 23rd, 2020 from the Kwara state Ministry of Justice. In the letter we are invited for a meeting slated for 27th January, 2020. We want to explore the opportunity this court has afforded. We therefore, submit that an adjournment is imminent and inevitable.”
Counsel to the state government, who is also the Director Civil Litigation, Ministry of Justice, Barrister Abdulfatai Bello confirmed the receipt of a letter from the claimant’s counsel seeking for amicable resolution of the case out of court.
“In tandem with the tenet of the said letter, we have invited the claimant for a meeting on Monday next week for out-of-court settlement of the case.” Bello added.
He aligned with the claimant’s counsel application for adjournment.
Counsel to the Inspector General of Police (IGP) who is the 5th respondent in the suit, Aderemi Ajibola said “we shall not be opposing to the adjournment sought by the claimant’s counsel.”
In his ruling, Justice Abiodun Adebara urged the parties to resolve the case amicably before the next adjourned date.
“This court is particularly impressed by the parties for the steps taken to settle out of court; they are therefore enjoined to engage in meaningful discussions that will lead to the resolution of the case out of court. I wish the parties well in their deliberation.
“With the concurrence of the learned counsel, this case is adjourned to March 2nd for the report of out-of-court settlement.”
Speaking further on the issue, Bar AbdulAziz Ibrahim told newsmen that “The proceedings of today mainly has to do with the fillings of processes in response to the claims, preliminary objections, counter affidavit and lastly we talked about the issue of meeting for the purpose of statement out of court.
“The office of the Attorney General this morning (Friday) served us a letter inviting us for a meeting on 27 day of this month where we can sit down and see if we can iron out issues involved in this matter and the court has agreed with us to take a date for an adjournment for report of settlement because whatever we were able to reach at the meeting, we have to come and report to the court who advised us in the first place to settle out of court. We have filed all necessary processes in respect to our case including all processes against preliminary objection”, he added.
He however described as unethical; the leaking of its letter adding that such can undermine the process of settlement.
“We are not happy that our letter was made public to media and private individuals because this alone can undermine the process of settlement”, he added
In a rejoinder that was later addressed to the Kwara State Commissioner for Justice, Ibrahim expressed displeasure over the development.
“It was in pursuance of the judicial advice of the trial judge the letter was written to the Attorney General and not out of cowardice. It was therefore surprising that the letter which carries receipt stamp from the office of the Kwara State Attorney General by our law firm in deference to the judicial advice of the presiding judge in the case can be made public consumption through electronic and social media with intention to score cheap political point.
“The Attorney General while responding to the advice of the court at the proceeding held on the 5th day of January 2020, solemnly informed the trial judge that the 1st to 4th defendants were not averse to the out-of-court settlement of the subject matter of the suit. The act of releasing the letter to media smacks of a gross disrespect to the trial judge who out of genuine intention judicially advised parties to explore out of court settlement. It is glaringly clear to the public now that the action of government on the land on which Ile Arugbo was built for over 20 years was laden with personal animosity”, it said.
