The family of late military Head of State, General Sani Abacha, has filed an 11-ground appeal against President Bola Tinubu and Minister of the Federal Capital Territory, Nyesom Wike, following the revocation of their property in Abuja’s Maitama district. Represented by Hajia Maryam Abacha and her son, Mohammed, they seek the return of the property, contending that the Certificate of Occupancy was unlawfully revoked and handed over to Salamed Ventures Limited.
The Abachas argue that the Federal High Court erred in law by holding that their claim was previously dismissed by the High Court of the Federal Capital Territory and the Court of Appeal in 2009 and 2015. They maintain that the courts merely struck out the case due to lack of jurisdiction, and that only the Federal High Court has the jurisdiction to determine the matter.
The family also faults the trial court for declaring their suit statute-barred, insisting that they filed the instant case on May 25, 2015, within the timeframe allowed by the appellate court’s previous judgment on May 18, 2015. They further argue that the trial court erred in recognizing Salamed Ventures Limited as a respondent, as a party to a proceeding cannot transfer title to a third party during the pendency of an action.
The Abachas quote Section 6 of the 1999 Constitution, stating that judicial powers are vested in the courts, and it is the duty of courts to determine disputes between individuals and government agencies. They argue that the transfer of title to the property in dispute during the pendency of their suit is an affront on the authority of the courts.
The family also faults the trial court for awarding costs of N500,000 in favor of Salamed Ventures Limited, who they claim is neither a proper nor necessary party to the suit. They argue that the revocation of their title to the property was not carried out in accordance with Section 28 of the Land Use Act and that the 4th respondent is a private limited liability company incorporated for profit, not for overriding public interest.
The Abachas pray the Court of Appeal to allow their appeal, set aside the judgment of the lower court, and invoke Section 15 of its Act to hear and determine their case as a court of first instance. No date has been fixed for the matter to be heard.
