Posted by Amarachi on Mon 22nd Jul, 2024 - tori.ng
Justice Lifu dismissed the suit on several grounds, including that the case was statute-barred when filed in 2015 and that the plaintiffs lacked the legal standing to bring the case.
General Sani Abacha
The suit instituted by the family of the late military Head of State, General Sani Abacha, challenging the revocation of a property in the Maitama District of Abuja, by the Federal government has been dismissed by a Federal High Court in Abuja.
Justice Peter Lifu delivered the judgment on the case, which was initiated nine years ago. The Abacha family sought the return of their father’s mansion on Osara Close in Maitama and demanded ₦500 million in compensation.
Justice Lifu dismissed the suit on several grounds, including that the case was statute-barred when filed in 2015 and that the plaintiffs lacked the legal standing to bring the case.
The suit was brought by Mohammed Sani Abacha, the eldest surviving son of the former military ruler, and the widow, Hajia Maryam Abacha, on behalf of the executors of General Abacha’s estate.
The defendants listed in the suit were the Minister of the Federal Capital Territory (MFCT), the Federal Capital Development Authority (FCDA), the President of the Federal Republic of Nigeria, and Salamed Ventures Limited.
This latest dismissal marks the fourth time the Abacha family has lost a legal battle over the property, having previously lost twice at the High Court of the Federal Capital Territory (FCT) and once at the Court of Appeal in Abuja.
After shifting the battle to the Federal High Court, the Abacha family requested the Court nullify the revocation of the Certificate of Occupancy (C of O) for the property.
The family argued that the Certificate of Occupancy, marked FCT/ABUKN 2478 for Plot 3119, issued on June 25, 1993, was unlawfully revoked on January 16, 2006, violating Section 44 of the 1999 Constitution and Section 28 of the Land Use Act.
In their statement, the Abacha family claimed that the FCT administration, under Nasir El-Rufai, had asked them between 2004 and 2005 to submit the Certificate of Occupancy for re-certification. Mohammed Sani Abacha complied, but later received a letter on February 3, 2006, notifying him of the revocation without any stated reason.
The family alleged that no adequate compensation was paid and asked Justice Lifu to declare the revocation unconstitutional and to set it aside. They also sought an injunction to prevent the defendants from taking further action on the property and demanded ₦500 million in damages.
In their counter-affidavits and preliminary objections, the defendants, including Salamed Ventures Limited, represented by James Ogwu Onoja SAN, requested the dismissal of the suit, arguing it was statute-barred as it was not filed within three months of the cause of action.
Onoja SAN argued that the suit was invalid under the Public Officers Protection Act and was a mere academic exercise. He further stated that Salamed Ventures Limited lawfully acquired the property from the federal government for ₦595 million, receiving a Certificate of Occupancy on May 25, 2011.
Justice Lifu concurred with Onoja SAN, noting that the cause of action arose on February 3, 2006, while the case was filed in May 2015, far exceeding the three-month limit. Additionally, the plaintiffs failed to present their letters of administration to the estate, undermining their claim as administrators.
The judge also agreed that the property was lawfully revoked due to breaches in the Right of Occupancy by erecting structures without approved building plans.
Consequently, the suit was dismissed, and the Abacha family was ordered to pay Salamed Ventures ₦500,000 in litigation costs.