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An Arbitration Tribunal headed by Miriam Kombo-Ezeh has directed Senator Tokunbo Afikuyomi to vacate a property he occupies in the Maitama District of Abuja in the Federal Capital Territory.
The former Senator was also ordered to pay N11 million, being profit for the period he occupied the property without a new term of lease.
The former Senator, who represented Lagos Central Senatorial District and later Lagos West Senatorial District, was further asked to refund all the Arbitration fees he failed or refused to pay at the Tribunal in his unsuccessful attempts and without just cause to frustrate the timely determination of the matter at the Tribunal.
However, Afikuyomi, through his counsel, Seun Awoladi, has filed a suit before a Federal Capital Territory High Court in Jabi area of Abuja, presided over by Justice Babangida Hassan, for non-recognition of the arbitral awards. The property owner, Prince Samsom Ataiyero, through his counsel, M.I. Harrison and Christian Moleke, joined issues with Afikuyomi, praying the court for registration and recognition of the arbitral awards.
During the court hearing on Monday, Justice Hassan granted the oral application by counsel to Prince Ataiyero to withdraw a motion on notice for consolidation, as their substantive application was now properly before the court. Afikuyomi’s counsel did not object to the withdrawal of the motion.
Ataiyero’s counsel stated that their substantive application was seeking recognition for the purpose of enforcement of the arbitral awards by the FCT Multi-door Courthouse on June 21, 2024. Afikuyomi’s counsel interjected, saying the substantive suit was to set aside the arbitral awards and not a motion to enforce.
Justice Hassan resolved the issue of first in service in favor of Afikuyomi since his originating motions were filed on July 8, marked CB/3139/24, while Ataiyero’s substantive suit was dated July 9, 2024.
Afikuyomi’s counsel requested a short adjournment of two weeks to enable both parties to resolve the matter out of court. After much plea and Justice Hassan’s intervention, Ataiyero’s counsel agreed, and the matter was adjourned until October 16, 2024.
The dispute arose when Afikuyomi, who had leased a property from Prince Ataiyero for a period of five years (September 1, 2018, to August 1, 2023), started defaulting on his rent obligations during the term of the lease and continued after its expiration. The Lease Agreement contained an Arbitration Clause, which led to the delivery of the “Final Award” by the Abuja Multi-Door Courthouse on June 21, 2024.
Afikuyomi failed to comply with the arbitral awards and instead approached the High Court to set aside the decision of the Arbitration Tribunal. The key contention between the parties is the possession of the property since the lease had long elapsed, with Afikuyomi still occupying the property without renewing his rent or taking steps to vacate the leased premises.
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