A lawsuit brought on Monday against the Federal Government by the family of the late Head of State, General Sani Abacha, was dismissed by Justice Peter Lifu of the Federal High Court in Abuja. In the case, the revocation of one of Abacha’s homes in Abuja’s Maitama District was contested.
Justice Lifu dismissed the lawsuit during her ruling in the case, citing statute of limitations among other grounds.
The late military ruler’s family filed a lawsuit in 2015, nine years ago, demanding that the FG return their father’s Maitama mansion, which is located on Osara Close.
Today’s dismissal of the action makes it the fourth time the Abacha family will lose judicial battles on property.
On jurisdictional grounds, the family had already lost twice in a Federal Capital Territory High Court and once at an Abuja Court of Appeal.
The family filed a new case with the Federal High Court as a result of this.
Among other petitioners, the family asked the court to reverse and annul the cancellation of the late General Abacha’s Certificate of Occupancy.
The family claimed that on January 16, 2006, the defendants in the lawsuit unlawfully and unjustly revoked the C of O marked FCT/ABUKN 2478 covering Plot 3119, in violation of both section 28 of the Land Use Act and section 44 of the 1999 Constitution. The C of O was granted on June 25, 1993.
The Federal Capital Territory Minister, the Federal Capital Development Authority, the President of the Federal Republic of Nigeria, and Salamed Ventures Limited are the first through fourth defendants in the lawsuit, respectively.
In their statement of claims, the plaintiffs contended that they were told by Nasir El-Rufai, the Federal Court of Appeals, “between 2004 and 2005 to submit the Certificate of Occupancy in their possession for re-certification.”
The family asserted that Mohammed Abacha, the second plaintiff, complied with the directive right away by giving the FCDA the Certificate of Occupancy and receiving a copy of the acknowledgement.
The plaintiffs claimed that “Mohammed Abacha received a letter on February 3, 2006, notifying them that the Certificate of Occupancy had been revoked without any reason stated in the letter and the adequate compensation not paid” while they awaited the issuance of a new Certificate of Occupancy.
In light of this, the family requested that the court deem the property’s revocation to be unconstitutional, unlawful, illegal, and void.
Additionally, they requested an order reversing the revocation and declaring their Certificate of Occupancy to be still in effect.
The plaintiffs requested an order of injunction that would stop the defendants from using the disputed property going forward and require them to give them N500 million in damages.
The defendants in their respective rebuttal affidavits and preliminary objections asked for outright dismissal of the matter designated FHC/ABJ/CS/463/2016.
They requested the court to grant them a N500M compensation against the FG.
According to Justice Lifu’s ruling, the plaintiffs lack locus standi, or the legal authority, to file the lawsuit.
On behalf of the Executors of the late Military General’s Estate, Mohammed Abacha, the eldest surviving son of the former military dictator and his widow, Hajia Maryam Abacha, filed the lawsuit.
Justice Lifu concurred with the fourth defendant that the complaint should have been brought in May 2015, years after the Certificate of Occupancy was revoked and more than three months after it was, but that the cause of action began on February 3, 2006, when the revocation was place.
Furthermore, the Judge determined that the plaintiffs had no standing to launch the lawsuit because they had neglected to provide the Estate with their legally needed letters of administration, which served as evidence of their claim to be the Administrators.
The fourth defendant, Salamed Ventures Limited, was represented by James Ogwu Onoja (SAN). The defendant contended that the lawsuit had lost jurisdiction when it was first commenced since it was not submitted within the legally permitted three-month period, and as a result, it had been statute-barred.
He contended that “the suit was caught by the provisions of the Public Officers Protection Act and had become a mere academic exercise and asked the Judge to dismiss it for being frivolous and lacking in merit”.
He further contended that Salamed Ventures Limited acquired ownership of the contested property on May 25, 2011, when it was issued a Certificate of Occupancy number 181dw-3adcz-721r-15a8-10 after being purchased from the federal government for N595M.
Salamed Ventures and Justice Lifu both agreed that the Abacha property was rightfully revoked due to covenant violations in the Right of Occupancy, including the erection of structures without first obtaining building plans.
He dismissed the lawsuit and gave Salamed Ventures N500,000 as compensation for the expenses incurred in suing the plaintiffs.
