The family of the late General Sani Abacha has faulted the Federal Government’s revocation of the former military Head of State’s right to a property in the Federal Capital Territory (FCT), Abuja. The family contended that the purported revocation of the certificate of occupancy (C of O) marked: FCT/ABU/KN/2478 issued on June 25, 1993 to Gen. Abacha over Plot No: 3119 Maitama (A6) District, Abuja is unlawful and should be set aside. The family’s position is explained in a suit filed before the Federal High Court, Abuja through the deceased’s eldest surviving son, Mohammed, and his widow, Maryam (as administrators of the estate of the late Gen. Abacha). The plaintiffs stated that the late Gen Abacha, upon proper application, was allocated Plot No: 3119 Maitama (A6) District, Abuja in the earlier 1990s by the Federal Capital Development Authority (FCDA). They said after paying all necessary fees and making the required applications,the late Abacha was issued a certificate of occupancy (C of O) marked: FCT/ABU/KN/2478 on June 25, 1993 and later granted planning permission to develop the land, which he did before his death in 1998. The plaintiffs stated that they were, however, surprised to receive a letter dated January 16, 2006 from the FCT Abuja Geographic Information Systems (AGIS), claiming that the President and Commander-In-Chief approved the revocation of the right earlier granted Gen. Abacha on the land, which he had since developed. They noted in a supporting affidavit that the AGIS claimed that the President, in approving the revocation, exercised his powers under “the Federal Capital Act and the Land Use Act, Laws of the Federation 1999. The plaintiffs argued that there is no law called “Federal Capital Act,” under which the President could have acted. They added the Land Use Act did not empower the government to forcefully take over individual’s property, pay no compensation and then sell same property to private entities. The suit marked: FHC/ABJ/CS/ 463/2015, filed for the plaintiffs by their lawyer, Dr. Reuben Atabo, has FCT Minister, FCDA and President, Federal Republic of Nigeria as defendants. The plaintiffs want the court to among others, declare that the defendants have no powers under the Land Use Act to revoke their C of O over Plot No: 3119 Maitama (A6) District, Abuja without giving reasons and paying them adequate compensation. They also want the court to set aside the purported revocation notice dated January 16, 2006; declare that their C of O is still valid and restrain the defendants from further interfering with the plaintiffs’ interest and title to the property. The plaintiffs want the court to award in their favour, N500m general damages against the defendants. The Nation learnt that the suit was earlier instituted in 2006 before the High Court of the FCT, but was taken before the Federal High Court when the High Court of the FCT declined jurisdiction in a ruling on June 30, 2009, which was upheld by the Court of Appeal, Abuja, in a decision given on May 18, 2015. The defendants have however justified the President’s decision to revoke the late Gen. Abacha’s right over the land and urged the court to dismiss the suit. The FCT Minister and FCDA, in a counter-affidavit, admitted revoking the plaintiffs’ right to the land, but said they acted on the order of the President. They accused the ex-Head of State of not obtaining building plan approval before embarking on development, and that the property was not fully developed when the revocation was done. “The 1st and 2nd (FCT Minister and FCDA) defendants, on the instruction of the 3rd defendant (the President), and in view of the breach of the terms of the grant, revoked the allocation of Plot 3119, Cadsatral Zone A06, Maitama granted to the late Gen Sani Abacha. “The structure on the plot is not yet completed and building plan approvals is the FCT elapsed after six months of its grant,” the 1st and 2nd defendants said. The trial judge, Justice Ahmed Mohammed has July 4 for ruling on a joinder application by a firm, Salamed Ventures Limited, claiming to have subsequent bought the property from the government after the revocation. Salamed argued in its application that it was a necessary party in the case because of being a beneficial owner of the property in dispute, it would be affected by the court’s eventual pronouncement.]]>

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