Federal High Court sitting in Abuja, on Monday, dismissed a suit the late military Head of State, General Sani Abacha’s family filed to challenge the revocation of their property situated at Maitama highbrow district, Abuja, by Federal Government.
Gatekeepers News reports that the suit, marked: FHC/ABJ/CS/463/2016, was filed by Abacha’s wife, Hajia Maryam Abacha, and her eldest surviving son, Mohammed.
Defendants in the suit were the Minister of Federal Capital Territory FCT, Federal Capital Development Authority FCDA, President of Federal Republic of Nigeria, as well as a firm, Salamed Ventures Limited.
The presiding judge, Justice Peter Lifu, in his judgement, agreed with the defendants that the suit had become statute-barred when it was filed in 2015.
He added that, going by documents before the court, the plaintiffs, lacked the legal right to maintain the action.
Abacha family had among other things, prayed the court to nullify and set aside the purported revocation of Certificate of Occupancy of the property of late General Sani Abacha located in Maitama District.
They alleged that the Certificate of Occupancy marked FCT/ABUKN 2478, covering plot 3119 and issued on June 25, 1993, was illegally and unlawfully revoked by the defendants.
The plaintiffs told the court that the then Minister of FCT, Mallam Nasir El-Rufai had instructed them to submit the Certificate of Occupancy in their possession for re-certification.
According to them, the 2nd plaintiff, Mohammed, promptly complied with the directive by delivering the Certificate of Occupancy to FCDA with an acknowledgment copy issued to him.
While they waited for the Certificate of Occupancy to be issued to them, Mohammed, received a letter notifying them that the Certificate of Occupancy had been revoked without any reason adduced in the letter that conveyed the information.
The plaintiffs argued that no compensation was offered to them as required by the law, praying the court to declare as unconstitutional, unlawful, illegal, null and void, and of no effect, purported revocation of the property.
They also prayed the court to hold that their original Certificate of Occupancy was valid and subsisting since it was revoked without reason or payment of adequate compensation.
In addition, they sought an order of injunction prohibiting the defendants from taking the award of N500 million to them as damages to be paid by the defendants.
The defendants on their part, pleaded the court to dismiss the suit for want of merit.
They maintained that the suit had become statute-barred, contending that it was not filed within the time prescribed by the law.
Though some of the defendants were absent during the proceeding, the presiding judge passed judgment on the defendants and deemed their final written addresses as duly adopted.
The plaintiffs were represented during the proceedings, by their lawyer, Dr. Reuben Okpanachi Atabo, SAN.
The defendants’ legal team was led by Dr. James Ogwu Onoja, SAN.
Justice Lifu, while passing judgement on Monday noted that the cause of action in the matter arose on February 3, 2006, when the Certificate of Occupancy was revoked, while the suit was filed in May 2015, about nine years after revocation.
The judge noted that the litigants ought to have approached the court within three months after the cause of action arose.
He also held that the plaintiffs were bereft of locus standing to file the case owing to their failure to present as exhibits, their letters of administration to the Estate as required by law, and as proof of their claim as the Administrators.
Also, Justice Lifu agreed with Salamed Ventures that the Abacha property was lawfully revoked having breached agreements in the Right of Occupancy by erecting structures without first obtaining building plans.
He then dismissed the case and ordered Abacha family to pay Salamed Ventures the sum of N500,000 to cover the cost of litigation.
