11Plc seeks police intervention over Ascon occupation of fuel station

11 plc (formerly Mobil Oil Nigeria limited) has dragged Ascon Oil Limited before the Lagos State  Commissioner of Police for allegedly taking possession of the Mobil filling station along Oshodi-Gbagada express way through violence means and want the police to intervene in the matter.

In a letter sent to the Commissioner of Police, a copy which was made available to BusinessDay, P.C. Obi & Co, lawyers of 11 Plc company stated, “We have just received another report by our Client, informing us that Ascon officials, in the company of ten police men, went to the subject station on September 11, 2018 and the early hours of September 12, 2018 respectively, where they were seen to position fire extinguishers on the pump islands and also positioned cars on all the pumps presumably with a view to commencing sales at the station.

“We wish to further warn that this is an act of lawlessness which not only constitutes flagrant disobedience to the orders of Justice A.M Lawal of the Lagos State High Court restraining both parties from the station but would also amount to theft as our Client has 42,0000 litres of PMS at the station.

In another petition directed to the Inspector General of Police, dated September 14, 2018, 11 Plc stated, “In the aftermath of the invasion, we also filed a suit against Ascon, on the basis of which Justice A. M. Lawal of the Lagos State High Court has made an order restraining both parties from the station.

“However, in spite of the extant order of Justice A. M. Lawal, the Commissioner of police has been aiding Ascon to frustrate your directives as well as disobey the Court’s order. In this regard, the Commissioner has posted policemen to the station who routinely allows Ascon officials as they please..

“On September 11, 2018, we received reports that Ascon officials, in the company of 10 policemen, have been visiting the station, positioning fire extinguishers on the pump islands and carrying out other activities preparatory to commencing sales.

In his ruling, dated 23rd May, 2018, Justice A.M. Lawal, High Court of Lagos had declared, “The argument of the two sides drifted to the issue of, which of the two sides, is entitled to the possession of the property in issue, the contention of the Applicant is that she is in possession, and possession was forcefully wrestled from her on December 20, 2018, the argument of the Claimant is that the 1st Defendant is a contemnor having been ordered to vacate possession and pay mesne profit by the decision of Dada, J. A determination of the argument on the issue of possession will amount to a determination of the main claim of the Claimant.

“Courts have been enjoined not to at this interlocutory stage determine the main claim. Because the issue of the legal right of the 1st Defendant to the possession of the property cannot be determined at this stage, the court will refuse the application of the 1st Defendant.

“However, this court frowns at the conduct of the Claimant in the taking of possession of the property in dispute forcefully as alledged by the 1st Defendant although the police as claimed by the Claimant. It is wrong to take possession forcefully. So whether possession was taken by self-help or awarded to the Claimant by the Police it is wrong as the property possessed is the subject matter of the suit before the court. Consequent of the above, the court hereby order the two sides to this suit to vacate this subject matter property of the suit, the property shall remain vacant till otherwise determined by the Court.”

But  Ascon Oil  in  its own petition  to the   police  said the owner of the Land on which the Petrol Filling Station was built is Late Sunday Ogunyade, Mobil took a“development Lease” of this Land and developed the Petrol Filling Station, of which its possession is now in dispute, the first Lease of Mobil was from 1980 to 2000, after the expiration of this Lease, the Owner of the Land, late Sunday Ogunyade took Mobil to Court, in Suit Number LD/2360/2000, Mobil Oil Nigeria Plc v Chief Sunday Ogunyade, because of the breach of the expired lease-to wit leasing part of the Land to Mr. Biggs (UAC) without the consent of the Owner.

By virtue of a term of settlement entered in Suit Number LD/2360/2000, Mobil Oil Nigeria Plc v  Sunday Ogunyade, the Lease of Mobil was extended for another Ten (10) Years, From 2000 to 2010, without option of renewal, this Lease elapsed by effluxion of time on 31st August, 2010.

“It is important to note that Mobil has no right of first refusal to either lease or buy this Property, more over the Administrators of late  Sunday Ogunyade could not agree on a new lease with Mobil and Mobil was accordingly informed”.

Ascon  in its own petition to the  police commissioner claimed that towards the end of 2010, the Administrators of late  Sunday Ogunyade subsequently entered into a 10 (Ten) Year Lease Agreement over the Property with Ascon Oil Company Limited and shortly thereafter sold outrightly the Property to Ascon Oil Company Limited. The title of Ascon Oil over the Property is fully perfected and not in dispute.

“In a bid to stop the Administrators of the Estate of  Sunday Ogunyade from leasing and selling the Property to Ascon, Mobil sued the Administrators of the Estate of Sunday Ogunyade at the Lagos High Court TBS, before Justice Akapo Lawal, Mobil’s Suit was dismissed because they didn’t sue the Administrators of Late Chief Sunday Ogunyade in their personal names”.

The Administrators of late  Sunday Ogunyade also sued Mobil in Suit number, LA/176/2011, Samson Ogunyade and 3 others (suing as Administrators of late Sunday Ogunyade) v Mobil Oil Nigeria Limited before Justice M.A. Dada at the Lagos State High Court, lgbosere, Lagos lsland, to recover possession of this Property from Mobil, for Ascon Oil Company-new Owners.

Mobil in defending this Suit filed a Counter Claim against Ascon Oil Company Limited.

Judgement was finally given in this Case by Justice M.A. Dada on 5th October, 2012, wherein the Judge decided among other things and dismissed the relief of Mobil in its counter Claim for an order of injunction restraining the 1st -4th Defendants (that is the Administrators of late  Sunday Ogunyade) from selling or leasing the Property in dispute to Ascon Oil Company Limited and any third Party.

Olusola Bello