Abacha family loses land revocation suit against Nigerian government
The family of the late Head of State, General Sani Abacha suite challenging the Nigerian government’s revocation of the deceased military ruler’s property in the Maitama District of Abuja has been dismissed by the Federal High Court in Abuja.
Penpushing reports that it is recalled that the widow of the deceased military dictator, Maryam Abacha, and her eldest surviving son, Mohammed Abacha had filed the suit alleging that the Certificate of Occupancy (C of O) marked FCT/ABUKN 2478, covering their mansion at Plot 3119 and issued on June 25, 1993, was unlawfully revoked by the defendants.
The revocation occurred in February 2006 during the tenure of Nasir el-Rufai as the Minister of the Federal Capital Territory (FCT) and almost 13 years after the dictator’s demise, and thereafter the family in the suit sought the return of the property at Osara Close in Maitama, Abuja and N500 million for the alleged illegal revocation.
Penpushing further the family of late military leader who ruled Nigeria with an iron fist from 1993 until he died in 1998, sued as defendants in the suit which include Minister of Federal Capital Territory (FCT) the Federal Capital Development Authority (FCDA), the Nigerian President, and Salamed Ventures Limited, who later acquired the property.
The family of late military dictator known to be a kleptomania, instituted a series of legal battles to recover various assets, including the Maitama property, seized from them at home and abroad after his death.
Penpushing also reports that Justice Peter Lifu while delivering judgement on Monday held that the case filed nine years ago was statute-barred, explaining that the cause of action arose in February 2006 when the Certificate of Occupancy (C of O) was revoked, but the case was filed in May 2015.
The judge pointed out that the filing came outside the legal timeframe for challenging the action of a public officer and equally found the plaintiffs lacked locus standi, as they failed to present letters of administration for the estate.
Penpushing reports that the judge ruled that the property revocation was lawful due to breaches of the Right of Occupancy’s covenants, including constructing buildings without approved plans and ordered the Abacha family to pay N500 million in litigation costs to Salamed Ventures Limited.
The Abacha family members it is recalled in their statement of claims said that the then Minister of Federal Capital Territory (FCT) and would-be Governor of Kaduna State, El-Rufai, had instructed them to submit the Certificate of Occupancy in their possession for re-certification.
Penpushing further reports that the Abachas equally claimed that Mohammed Sani Abacha, the second plaintiff, promptly complied with the directive by delivering the Certificate of Occupancy to the Federal Capital Development Authority (FCDA), and an acknowledgement copy was issued to him.
The family argued that while waiting for a new Certificate of Occupancy to be issued to them, Mohammed Abacha said he received a letter on February 3,2006 notifying them that the Certificate of Occupancy had been revoked without any reason adduced in the letter.
Penpushing also reports that the Abacha family explained that besides failing to give any reason for the revocation, the government alleged that adequate compensation was not paid as required by law.
Meanwhile, the Monday judgement was the fourth major legal defeat the Abacha family has suffered in their efforts to reclaim the property, while it is recalled that the family twice at the High Court of the Federal Capital Territory and once at the Court of Appeal in Abuja, all on jurisdictional grounds.
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