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Court Dismisses Abacha family’s N500M suit against FG over Abuja property

Court Dismisses Abacha family’s N500M suit against FG over Abuja property

 

A Federal High Court in Abuja has dismissed a suit instituted against the federal government 

by the family of the late Head of State, General Sani Abacha, challenging the revocation of the property of the former Military ruler located in the Maitama District of Abuja.

 

Justice Peter Lifu dismissed the suit in a judgment on the case filed nine years ago in which the Abacha family members are demanding for the return of their father's mansions located at Osara Close in Maitama and N500M compensation. 

 

In the judgment, Justice Lifu predicated the dismissal on various grounds among which are that the suit had become statute barred at the time it was filed in 2015 and that those who initiated the case have no locus standi (legal power) to do so. 

 

The suit was filed by Mohammed Sani Abacha, the eldest surviving son of the former Military ruler and the widow, Hajia Maryam Abacha on behalf of the Executioners of the Estate of the late Military General. 

 

Listed as 1st to 4th Defendants in the suit are the Minister of the Federal Capital Territory (MFCT), Federal Capital Development Authority (FCDA), President, Federal Republic of Nigeria and Salamed Ventures Limited.

 

The new dismissal of the suit marked the fourth time the family would lose legal battles on the property in court having lost twice at the High Court of the Federal Capital Territory (FCT) and once at the Court of Appeal in Abuja on grounds of jurisdiction. 

 

Upon shifting the battle to Federal High Court, Abacha family among others, prayed the Court to nullify and set aside the revocation of the Certificate of Occupancy (C of O) of the property of the late General Abacha. 

 

In his judgment, Justice Lifu agreed with Onoja SAN that the cause of action arose on February 3, 2006 when the Certificate of Occupancy was revoked while the case was filed in May 2015, years after the revocation and far more than three months it ought to have been filed. 

 

Besides, the Judge held that the plaintiffs lacked locus standi to file the case upon 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. 

 

Justice Lifu also agreed with Salamed Ventures that the Abacha property was lawfully revoked upon breaches in the covenants in the Right of Occupancy by erecting structures without first obtaining building plans. 

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