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Tag: braithwaite

  • Braithwaite: Court orders expert to measure 15-storey building

    Justice Doris Okuwobi of a Lagos High Court sitting in Ikeja has granted the request of Dr. Tunji Braithwaite for the President of the Nigerian Institute of Town Planners to measure the 15-storey Standard Chartered Bank Nigeria Limited building situated at no. 142 Ahmadu Bello Way, Victoria Island, Lagos.

    Braithwaite is pursuing a N10 billion claim against the bank for constructing a 15-storey building and a multilevel car park opposite his residence with an allegedly ‘illegal’ permit.

    The presiding judge made the order and two others after listening to the claimant’s counsel led by Braithwaite himself, who informed the court of an application dated October 6, 2015. He added that the case has been on since 2010 and urged the court to grant all the orders therein.

    The orders include one “directing the president of the Nigerian Institute of Town Planners to enter the defendant’s commercial building of 14 floors comprising a five-level car park at no. 142 Ahmadu Bello Way, Victoria Island, Lagos, to undertake physical measurement of the setback and airspace of the said defendant’s building.

    “An order of court directing the President of Nigerian Institute of Town Planners, to prepare a comprehensive report of his findings and measurements, which shall be produced to the court as part of the evidence on record of this trial.”

    And also an order that “the cost and fees to the President of Nigerian Institute of Town Planners for the execution and implementation of the orders herein be cost in the cause.”

    Defendant’s counsel, Mr Adeniyi Adegbonmire (SAN) did not oppose the application but noted that his client could not be expected to foot the bill for the Town Planners’ work.

    He prayed the court to make an order that both parties be at liberty to call whoever makes the measurement to be available for cross examination.

    Adegbonmire added: “Once we agree on the date of the measurement, my client is ready to grant the person entry to the premises.”

    However, Dr. Braithwaite agreed to bear the cost. He added: “The main thing is for the measurement to be taken.”

    Justice Okuwobi granted all three orders and adjourned further hearing till November 24, 2015.

     

  • N10b suit:  Braithwaite accuses bank’s witness of misleading court

    N10b suit:  Braithwaite accuses bank’s witness of misleading court

    A defence  witness in a N10 billion suit against Standard Chartered Bank,   Mr. Olugbenga  Akinmoladun, has told a Lagos High Court, Ikeja that the error as regards the date on his expert report on when the bank obtained its development permit was a mistake.

    Akinmoladun, who was under cross-examination by the claimant, Dr. Tunji Braithwaite said the mistake was a typographical error.

    But Braithwaite disagreed with the witness, contending that it was a deliberate falsehood intended to mislead the court.

    “I put it to you that you are in error when you said there was approved building permit. The error is a deliberate falsehood to mislead this court”, Braithwaite declared.

    The witness had written in his report that the development permit, marked exhibit D5 is dated  September 9, 2010 contrary to the actual date of June 2, 2010 on the document.

    Dr. Braithwaite is seeking an order declaring as illegal the erection of  a 14-storey commercial building and multi-level car park by the bank in an otherwise residential area in Victoria Island, Lagos and for demolition.

    He claimed that he is uncomfortable with the bank’s installation of giant industrial generators directly opposite his house, saying that the generator would create fumes and noise capable of shattering the air and the serenity of the environment.

    Under cross examination by the claimant, the witness denied that the structure did not have a  protective net but insisted on having seen a protective net at the 14th floor when he got to site. He also insisted that the airspace did not fall short of the requirements of Lagos State building regulations.

    Akinmoladun had claimed in his report that he physically measured the distance between the construction site and the claimant’s residence, adding that it is ‘about the size of a standard plot of land’.

    “The distance between the project and the claimant house is the size of a standard plot of land. I measured it. Our measurement is not faulty”, he stated.                                                                                     But the claimant disagreed and asked the witness why he speculated and failed to put the exact figure, if he actually measured it.

    The witness said it was because he didn’t  consider  it as necessary nor that it would become a  bone of contention.

    Earlier when led in evidence by defence counsel, Adeniyi Adegbonmire , the witness claimed to be a senior lecturer in the Department of Urban and Regional Planning of the University of Lagos (UNILAG) and also a registered town planner with more than 25 years experience but that he is yet to obtain a doctorate degree in the profession.

    “I am a lecturer at UNILAG. I am a senior lecturer and the first head of department of Urban and Regional Planning, UNILAG. I have been involved in World Bank infrastructure development project in Akwa Ibom, Niger and Ondo states. I also did the EIA of Diamond bank. I also did the EIA and building approval for City Bank. I took part in the building process and approval in Shoprite in Ikeja. I did the same for American International High School at Chevron drive. I have also been involved in land administration of UNILAG consult in Kaduna state”, he said.

    Adegbonmire tendered two reports before the court and the trial judge, Doris Okuwobi through Akinmoladun and they were admitted as exhibits D15 and D16 respectively.

    The reports tendered were Advocacy Planning Report in respect of the property situated at 142, Ahmadu Bello Way, Victoria Island and the review of claimants reply to defendant’s statement of defence dated July 2013 and August 2014 respectively prepared by Olak Consult.

    He said he prepared the report for Standard Chartered Bank in respect of the building approval of the property to counter the claimant’s expert ýreport.

    As a result of the development, the claimant said he would be praying the court for physical inspection and measurement by a neutral body.

    ”The claimant will be bring an application for an order for  physical and actual measurement of the project site by either the president of town planning association or surveyor general in view of the manifest conflict in the evidence of both sides on the core issue”, he said.

    Justice Okuwobi subsequently adjourned proceedings to October 22, 2015 for further direction.

  • Bank opens defence in Braithwaite’s N10b suit

    Elder statesman Dr. Tunji Braithwate told a Lagos High Court sitting in Ikeja yesterday that the 14-storey head office building built by Standard Chartered Bank on Ahmadu Bello Way, Victoria Island did not comply with the approval given the bank by the Lagos State Ministry of Environment and the final report on Enviromental Impact Assessment (EIA) Act 2004.

    Dr. Braithwaite spoke while cross examining one of the defence witnesses ,  Adeboye Fowora, a  Senior Project Manager with the bank at the resumed hearing of the N10 billion suit instituted against the bank.

    Standard Chartered Bank opened its defence yesterday.

    When the bank’s counsel, A.A. Adegbonmire, opened defence for the bank, the first witness, Susan Oluwole who once worked in the bank’s Corporate Real Estate Services Department, while under cross examination by Dr. Braithwaite, also stated that the head office building has reached completion stage.

    Ms Oluwole claimed that she was only aware “to a little extent” of the July 15, 2007 judgment delivered by Justice  Okoro  which Braithwaite claimed stopped the bank from going further ahead with the construction of the building at the second level.

    Adegbonmire objected to further cross examination of the witness. Justice Doris Okuwobi adjourned the matter till tomorrow for continuation of hearing.

  • Braithwaite’s suit: Court to rule Dec. 18

    Braithwaite’s suit: Court to rule Dec. 18

    A  Lagos High Court sitting  in Ikeja, has fixed December 18, for ruling on whether or not to allow an Environmental Impact Assessment expert, Prof. Olaniyi Okedele, to be cross-examined in a suit filed by the elder statesman, Dr. Tunji Braithwaite against a Lagos based bank.

    Justice Doris Okuwobi, who announced the decision after hearing the arguments of both the defendant and the applicant in the matter, said the court would determine whether Prof. Okedele, who is one of the  principal witnesses of the claimant (Dr. Braithwaite), can be examined on the Environmental Impact Assessment report he co-authored or not.

    Dr. Braithwaite is challenging Standard Chartered Bank over the construction of a 14-storey building with a multi-level car park opposite his residence in Victoria Island, Lagos.

    The claimant had insisted that the witness should be examined based on the fact that he co-authored the document with the first witness.

    He submitted to the court that such examination would enable him shed more light on a document he co-authored.

    But the defense counsel, Adeniyi Adegbomire, objected to the Prof. Okedele’s cross-examination by Dr. Braithwaite.

    Adegbonmire had submitted that the environmental expert cannot be examined on the document, notwithstanding its being marked as exhibit 17 by the court.

    This, he claimed, was because the document was not included in the statement on oath before the court.

    The judge subsequently adjourned the matter in order to rule on whether the witness can be examined or not.

    Earlier, Dr Briathwaite had stated that the outcome of matter will either have a salutary effect or not on the judiciary.

    Dr. Braithwaite is seeking an order declaring as illegal the erection of a 14-storey commercial building and multi-level car park by the bank in an otherwise residential area in Victoria Island, Lagos.

    He claimed that he is uncomfortable with the bank’s installation of giant industrial generators directly opposite his house, saying that the generator would create fumes and noise capable of shattering the air and the serenity of the environment.

  • Braithwaite: ‘Bank’s property violates environmental law’

    Braithwaite: ‘Bank’s property violates environmental law’

    An expert witness in the case  instituted by elder statesman, Dr. Tunji Braithwaite against Standard Chartered Bank has claimed that the bank’s 14-storey building violates environmental law.

    Giving evidence before Justice Doris Okuwobi, Urban and Regional Planning Associate Professor, Tunji Adejumo said his submission was based on an Environmental Impact Assessment (EIA) conducted on the building situated in Victoria Island.

    “A simulation of what the building would look like when completed showed that it would have negative environmental impact in its immediate surroundings, including the Braithwaite’s residence.

    “The EIA did not follow the Federal Government of Nigeria’s EIA procedure, especially Section 4(b) of the Nigeria EIA Decree 86 of May 1992,” the court heard.

    Adejumo told the court that the EIA showed that the building, with a projected 120 capacity car park will constitute health hazard to the residents in the claimant’s (Braithwaite) premises.

    He said the car park will on daily ýbasis constitute noise and air pollution to the claimant as well as compound vehicular traffic in the neighbourhood.

    While using visual illustration, Adejumo said the carbon monoxide from the cars and the three power generating plants sited in the building would lead to emission of gases hazardous to human health.

    He told the court that the required quantity of sun expected to shine on the claimant’s resident would be inhibited, adding that the structure has no protective membrane against birds and human beings.

    He argued that the dangerous gases, which will certainly mix up with South Western winds, from the simulation performed by his firm, will affect the claimant’s residence negatively.

    According to the witness, the construction of the project did not follow best EIA practices as residents and other stakeholders were not consulted by the bank.

    During cross examination, Adejumo claimed that the EIA document being shown by the bank did not follow the regulations set by the federal government, adding that it is below standard.

    “The body responsible for approval of building permit in Lagos State is the Lagos State Ministry of Physical Planning, on the instruction and proper vetting of submitted Environmental Impact Assessment to the ministry of Environment or their agency called Lagos State Environmental Protection Agency (LASEPA) to look at the submitted EIA”, he explained.

    But defense lawyer, Adeniyi Adegbomire argued that the case ought not to have been entertained by the court.

  • Court hears Braithwaite’s N10b suit against bank today

    Court hears Braithwaite’s N10b suit against bank today

    Hearing will resume today in a N10billion suit filed by elder statesman, Dr. Tunji Braithwaite against a bank at the Lagos High Court sitting in Ikeja.

    The court presided by Justice Doris Okuwobi would decide whether to allow the claimant lead his witness with the presentation of a video evidence in the matter.

    Dr. Braithwaite had approached the court, seeking an order declaring as illegal, the erecting of a 14-storey commercial building and multi-level car park by Standard Chartered Bank in Victoria Island, Lagos.

    The claimant had told the court that he is uncomfortable with the bank’s installation of giant industrial generators directly opposite his house with the fumes and noise shattering the serenity.

    At the last hearing, Braithwaite, through one of his witnesses, had wanted to use an electronic devise to demonstrate the hazards associated with the 14 storey structure, with giant generators on upper floors and a multilevel car park, being constructed by the bank, opposite his residence in Victoria Island, Lagos.

    Counsel to the bank, Adeniyi Adegbomire  objected to the move to use an electronic devise to lead the witness in evidence.

    The expert witness, who is an associate professor in the department of Urban and Regional Planning of the University of Lagos, Dr. Tunji Adejumo, had wanted to give evidence in support of the claimant, using a visual aid.

    But Adegbomire had argued that the witness cannot make the video presentation because he was not subpoenaed to the court.

    The applicant, according to him, did not apply to rely on  video evidence during the trial.

    He claimed also that the device has not been served to them, and that they are not privy to the content of the video.

    Adegbomire insisted that allowing the witness would impede their ability to cross-examine him.

    “They did not serve us nor frontloaded it so that we can see the document. How am I expected to cross-examine in this matter? I urge your lordship to direct them to serve us the copies of what they want to show us so we can study it,” he prayed.

    But Braithwaite in his response, said the video evidence which his witness sought to demonstrate in the open court, is already in evidence.

    He explained that paragraph 30 of the statement of claim had indicated that they would be relying on video evidence on technical report.

    The lawyer denied the defendants claim that they were not served a copy of the electronic device.

    He told the court that one of his lawyers went to the office of the defendant’s counsel  to deliver a copy of the electronic evidence a day before the sitting of the court.

    He tendered before the court the  proof of acknowledgment of the electronic device.

    He, therefore, urged the court to dismiss the objection as lacking in substance.

    “Paragraph 30 of the statement of claim gave notice and indicated that we would be relying on video evidence on technical report which is already in evidence.  “If they said they needed a copy, they were already given. A lawyer delivered a copy of the tape to their office yesterday. They were served a copy of what had already been pleaded.

    “I urge your lordship to dismiss his objection as lacking in substance.”

    Adegbomire, having seen the acknowledgment of the video,  pleaded for short adjournment.

    He argued  that notwithstanding  the service of the device to his office, they would need time to study it and  require an expert advice before they could file a response.

    The plaintiff is praying the court to grant him N10billion in damages and for a demolition of the building.( The Court of Appeal, Lagos had earlier stopped further construction of the building at level two.

    Braithwaite told the court that in spite of the stop order of  the Court of Appeal,  the bank  went on to complete the structure.

  • Braithwaite’s N10b suit against bank fixed for Sept. 25

    Braithwaite’s N10b suit against bank fixed for Sept. 25

    Hearing on the N10 billion suit filed by elderstatesman, Dr. Tunji Braithwaite before a Lagos High Court, against Standard Chartered Bank Plc has been fixed for September 25.

    The hearing was stalled last week owing to the absence of the trial judge, Justice Doris Okuwobi, who was reportedly ill. As a result, the court registrar adjourned the matter, alongside other matters, till September 25 on the agreement of the parties.

    At the last hearing, Justice Okuwobi  had  dismissed an application filed by the bank against the plaintiff’s  amended statement of claims for lack of merit.

    In her ruling, Justice Okuwobi stated that she did not see how the issues raised by the claimant had hampered the case.

    She said: “I do not foresee that the defendant/applicant will be denied the right to plead his own case in full and that he will be denied the right to fair hearing. For this reason, this application cannot sail through. Consequently, it is accordingly hereby dismissed.”

    The bank had prayed the court to strike out some paragraphs of the claimant’s reply to the bank’s amended statement of defence.

    The application followed  Dr Briathwaite’s response to the bank’s amended statement of defence in which he raised some vital issuesin support of his position.

    Standard Chartered Bank , responding through its counsel, Adeniyi Adegbonmire, urged the court to strike out certain paragraphs it considered inimical to it, on the ground that the claimant is introducing new facts outside the issue in contention.

    Opposing the motion, counsel to the plaintiff, Razaq Okesiji, had told court that the contents of the claimant’s reply to the defence statement and witness statement on oath are relevant to the subject matter of the suit and necessitated by the averments in the amended statement of the defence as

    well as the documents introduced by the defence, which were not in existence at the time of filing the amended statement of claims.

    He further stated that the claimant had neither departed, contradicted nor added new item to its claim, which should prejudice the defendant.

    Citing  several Supreme Court authorities, Okesiji said  the reply was within the rights of the claimant and that Order 15, Rule 19 of the High Court Rules allows new pleadings to come up in a reply.

    He urged the court to dismiss the defendant application, pointing out that  the paragraphs of the claimant’s reply to amended statement of defence and corresponding paragraphs of the statement on oath which the defendant seeks to be struck out relate to the Environmental Impact Assessment Procedure in Nigeria, and the failure of the defendant to compete therewith, has always been the kernel of the claimant’s case right from the commencement of the suit.

    Dr Braithwaite in the suit is seeking an order declaring as illegal, the erecting a 15-storey commercial building and multi-level car park by the bank in an otherwise residential area in Victoria Island, Lagos.

    The claimant is also uncomfortable with the bank’s installation of giant industrial generators directly opposite his house with the concomitant fumes and noise shattering their air and serenity.

    In view of this, Dr. Braithwaite is praying the court to grant him N10billion in damages and a demolition of the building.

  • N10b suit: Court dismisses application against Braithwaite

    N10b suit: Court dismisses application against Braithwaite

    Justice Doris Okuwobi of a Lagos High  Court sitting in Ikeja has dismissed the application filed by Standard Chartered Bank  against the N10 billion suit brought by renowned lawyer and elder statesman, Dr. Tunji Braithwaite.

    Braithwaite sued the bank for erecting a high-rise structure with a multi-level car park close to his residence on Victoria Island, Lagos.

    In her ruling Justice Okuwobi,  dismissed the application for lack of merit.

    The issues raised by the claimant did not hamper the case, she said.

    She said: ”I do not foresee that the defendant/applicant will be denied the right to plead his own case in full and that he will be denied the right to fair hearing. For this reason, this application cannot sail through. Consequently, it is accordingly hereby dismissed.”

    The bank prayed the court to strike out some paragraphs of the claimant’s reply to the bank’s amended statement of defence.

    The claimant amended his claims, prompting the defence to do the same. Expectedly, the claimant exercising his right of reply to the respondent’s amended statement of defence, raised vital issues in support of its position.

    In its response, the defendants urged the court  to strike out certain paragraphs it considered inimical to it, and  argued that new facts outside the issue in contention were introduced by the claimant.

    Earlier, Dr Braithwaite had urged the court to fast-track the proceedings, adding that the defendant is capitalising on the delay to continue to dissipate the res, as they have continued building up to the 13th floor.

    But the defendants through its  counsel, Adeniyi Adegbonmire in his submission, denied  claims that it  was delaying trial.

    Adegbomire said that he had already started cross examining the witness before the plaintiff sought for the amendment of his statement of claims.

    He argued that it is the right of the bank to build, added that the matter had delayed so far because the plaintiff decided to seek injunctive reliefs rather than pursuing the trial.

    He said the motion on notice filed on Friday, May 8, was predicated on the fact that the plaintiff decided to introduce new facts that should have been in its statement of claims in the reply to their amended statement of defence.

    He prayed the court to strike out the paragraphs containing such averments and hold that the plaintiff includes them in their amended statement of claims.

    Opposing the motion, counsel to the plaintiff, Razaq Okesiji told court that the contents of the claimant’s reply to the defence statement and witness statement on oath are relevant to the subject matter of the suit and necessitated by the averments in the amended statement of the defence as well as the documents introduced by the defence, which were not in existence at the time of filing the amended statement of claims.

    He further said the claimant had neither departed, contradicted nor added new item to its claim, which should prejudice the defendant.

    He cited several Supreme Court authorities, Okesiji that the reply was within the rights of the claimant and that Order 15, Rule 19 of the High Court Rules allows new pleadings to come up in a reply.

    He urged the court to dismiss the defendant application.

    He argued that the paragraphs of the claimant’s reply to amended statement of defence and corresponding paragraphs of the statement on oath which the defendant seeks to be struck out relate to the Environmental Impact Assessment Procedure in Nigeria, and the failure of the defendant to compete therewith, which has always been the kernel of the claimant’s case right from the commencement of the suit.

    Braithwaite is seeking an order declaring as illegal, the erection of a 15-storey commercial building and multi-level car park by the bank in an otherwise residential area in Victoria Island, Lagos.

    The claimant is also uncomfortable with the bank’s installation of giant industrial generators directly opposite his house with the concomitant fumes and noise shattering their air and serenity.

    In view of this, Braithwaite is praying the court to grant him N10billion in damages and a demolition of the building.

  • Insist on no election without new constitution, Braithwaite urges Nigerians

    Insist on no election without new constitution, Braithwaite urges Nigerians

    Foremost lawyer and activist, Dr. Tunji Braithwaite, yesterday asked Nigerians to insist that there will be no election in 2015 unless a new constitution is in place.

    Speaking at a national stakeholders’ forum on the ongoing National Conference, organised by Campaign for Democracy (CD) and Gender and Constitution Reform Network (GECORN), Braithwaite said the time-frame for the conference was enough to conclude deliberations and produce a constitution through a referendum.

    Braithwaite said the country’s problems are manifold, adding that the current constitution cannot help in solving them.

    “Nigeria’s problems are manifold, though some people might trivialise them. While some are making genuine sacrifices, political blood suckers are only interested in occupying elective positions.

    “Unless we deal with them, we are going nowhere.The only way we can deal with them is to insist that there will be no election until we reconfigure this country and give ourselves a brand new constitution.

    “A constitution that will guarantee that our resources are no longer looted and that will hold the people accountable. The present constitution allows some office holders to go away with murder and looting.

    “With the calibre of people at the national conference, I personally think we can produce a new constitution within the time-frame.

    “Everyone knows the problem of this country. If we are at the conference with sincerity of purpose, we will achieve our aim.”

    He blamed Nigeria’s problems on the structure of governance.

    “We boast of a large population, but we are nowhere near India. Indian got its independence from Britain just a few years before us, but see where they are today,” he said.

    “We need to configure this country, such that every sector would have a commitment. Because of the structural problems, Nigerians do not feel obligated to give their best to the country.

    “If we solve that problem that makes an average Nigerian find nothing good in the country, then the country will attain its potential.”

    Continuing, Braithwaite lampooned the country’s rebased Gross Domestic Product (GDP), which has placed Nigeria as Africa’s largest economy.

    He said that the new economic status has no meaning to the masses because their basic needs have not been met, adding “they are deceiving themselves that they are the largest economy in Africa.”

    He then turned to the crowd, and asked, “Does the rebased economy mean anything to you?” to which there was a resounding “no.”

    Commending CD President, Dr. Josephine Oke-Odumakin for organising the forum, tagged “Towards a people’s oriented agenda for the national confab”, Braithwaite said “the blood suckers will not release their wicked grip on the nation unless the masses engage in regular protest.

    “That I have been imprisoned and tear-gassed means nothing to me. I will not stop fighting. As long as I live, God forbids that the young generation will wander aimlessly. We will continue the struggle and will reclaim this country from the wicked.”

    In address of welcome Odumakin urged the stakeholders to insist that the outcome of the confab must only be subjected to a referendum to avoid being tinkered with by the National Assembly.

    She said the consultation was necessary to enable the CSOs collate the views of the people they are representing.

    “The situation in Nigeria presently deserves the voices and contribution of all and sundry.Our mission is therefore to collate these submissions and present them on their behalf at the conference,” she said.

    Odumakin, who denied claims that the delegates were receiving N4million per month for the three months duration of the conference, stated that alerts she has received twice at intervals of two weeks each, showed that what each delegate gets is N1.460million.

    She said she and GECORN’s Coordinator, Dr. Abiola Akiode-Afolabi, have agreed to use a large percentage of their confab honorarium to organise regular interactive sessions with the civil society, as well as compile research materials from CSOs and academia across the country to support a people oriented agenda.

    In her remark, Akiode-Afolabi said 80 percent of the confab delegates are the same people responsible for the problems confronting the country.

  • Braithwaite to Christians: pray to end woes

    Braithwaite to Christians: pray to end woes

    Christians were yesterday urged to pray to end the country’s woes, especially the killings in the North.

    The call was made by activist lawyer and politician Dr Tunji Braithwaite, who was guest lecturer at the 50th anniversary lecture of the Archbishop Vining Memorial Church Cathedral, GRA, Ikeja, Lagos.

    The lecture was chaired by Prof Wale Omole.

    Braithwaite, who see the evil tormenting the country as the biblical “prosperity of the wicked,” said rather than carry guns, Christians could resist oppression and other ills, condemn them and resort to prayers to cleanse the system.

    Lamenting that the leadership of the Christian Association of Nigeria (CAN) had failed by its ‘conspiratorial silence’, especially in the face of the blood-letting in the North, Braithwaite noted that it was time the nation cried to God.

    Likening what had been happening to defenceless, deprived and oppressed Nigerians to the evils of the days of Sodom and Gomorrah, the lawyer assured Nigerians that the moment of succour was near.

    “The suffering in the country will soon give way because God is working on things yet unknown to many of us. He will set us free, but as Christians, we must not put off His armour,” he said.

    Urging Christians to be part of the proposed national conference, he said: “Our roles should not be limited to prayers; we must go out there, armed with faith, determination and commitment to righteousness; we must go out there and be fully involved in the generational duty of salvaging our freedom.”