The Federal Government of Nigeria has floored the family of the former Military Head of State General Sani Abacha in a land suit filed by the late General’s family at the Federal High Court in Abuja.
The family is challenging the Nigerian Government’s revocation of the deceased military ruler’s property located in Maitama District, FCT, Abuja.
But delivering judgment on the suit on Monday July 22, the court dismissed the suit filed by the Abacha family.
The suit was brought by the widow of the late Head of State, Maryam Abacha, and her eldest surviving son, Mohammed Abacha.
In the suit, they alleged that the Certificate of Occupancy (C of O) marked FCT/ABUKN 2478, covering their mansion at Plot 3119 and issued on 25 June 1993, was unlawfully revoked by the defendants.
The revocation occurred in February 2006 during the time of Nasir el-Rufai as the Minister of the Federal Capital Territory (FCT). And almost eight years after Abacha’s demise.
Filing the suit, the family had sought the return of the property at Osara Close in Maitama, Abuja. And also, the award of N500 million for the alleged illegal revocation.
Those joined in the suit were the FCT Minister, the Federal Capital Development Authority (FCDA), the Nigerian President, and Salamed Ventures Limited, who later acquired the property.
Recall that late General Sani Abacha, ruled Nigeria from 1993 until he died in 1998. As a military dictator, he is often remembered for the feverish kleptocracy and brutal human rights violations of his regime.
Upon his death, his family instituted a series of legal battles to recover various assets belonging to the late leader. Among these include the Maitama property.
Delivering judgement on Monday, the judge, Peter Lifu, held that the case filed nine years ago was statute-barred.
He ruled that the cause of action arose in February 2006 when the Certificate of Occupancy (C of O) was revoked. But that the case was filed in May 2015.
Lifu said the filing came outside the legal timeframe for challenging the action of a public officer.
He also held that the plaintiffs lacked locus standi in the case. This is even as they failed to present letters of administration for the estate.
The judge ruled that the property revocation was lawful due to breaches of the Right of Occupancy’s covenants. These include constructing buildings without approved plans.
The court, therefore, ordered the Abacha family to pay N500 million in litigation costs to Salamed Ventures Limited.
source: Premium Times
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