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Section 34(6) of AMCON Act declared Unconstitutional by Lagos State High Court.

SECTION 34(6) OF AMCON Act Unconstitutional

The lagos state High Court has declared  provisions of Section 34(6) of the AMCON (Amendment No. 2) Act unconstitutional the act, which was signed into law in August, 2019 has been held to be incapable of overriding the Constitutional powers of the Court to grant an injunction, in deserving cases.

Ruling on an application for Injunction filed by Mr. Adedayo Mumuni Shittu through his counsel Mayowa Owolabi against Mr Lanre Olaoluwa, the Court 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 based 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 his powers under the Act.

Justice Kudirat Jose of the High Court of Lagos State, in granting the injunction on Thursday, 24th October, 2019 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.

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