Supreme Court Grants Obasanjo’s Firm’s Plea To Regularise Appeal In Abuja Land Dispute

The Supreme Court has acceded to a request by a firm belonging to former President Olusegun Obasanjo – Ibad Limited – for time to regularise its two appeals.

A five-member panel, led by Justice Centus Nweze, granted the request for adjournment sought by Ibad’s lawyer, Ademola Abimbola, on realising that his notices of appeal in appeals filed since 2017 were defective.

Lawyers to the three respondents in both appeals – Reuben Atabo (SAN), for Consolidated Resources Nigeria Limited (the first respondent) and U. J. Obialo, for the Federal Capital Development Authority (FCTA) and the Minister of Federal Capital Territory (FCT), second and third defendants – did not object to Abimbola’s application.

The Supreme Court had adjourned till February 6, 2024 for hearing.

Both appeals are against the December 9, 2016 judgment of the Court of Appeal, Abuja, which affirmed an earlier judgment of the High Court of the Federal Capital Territory (FCT) in which Consolidated Resources, belonging to the late Head of State, General Sani Abacha, was declared the beneficial owner of a disputed parcel of land in highbrow Maitama, Abuja.

Ibad is, in both appeals, contending that the Court of Appeal, Abuja, erred when it affirmed the November 13, 2008 judgment delivered by Justice Sunday Ebenzer Aladetoyinbo of the High Court of the FCT without giving it fair hearing.

Consolidated Resources had, through Atabo, sued in 1999, stating that in early 1990s, it was duly allocated the parcel of land measuring 2.1 hectares and called Plot 1263, A6, Maitama District, after paying all relevant fees to the FCDA, for which the then FCT Minister, Lt.-Gen. Jerry Useni, issued it with a certificate of occupancy on May 19, 1994.

It added that shortly after it began works on the land, agents of the FCDA and the FCT Minster moved in, in 1999, and ordered that further construction works be suspended, prompting it to sue.

Consolidated Resources averred that prior to hearing the substantive suit, Justice Aladetoyinbo issued an ex parte order on May 12, 1999, restraining the FCDA and the FCT Minister from reallocating any part of the land to any other person or agency, pending the final determination of the suit.

It added that despite the court order, the FCDA and the FCT Minister reallocated part of the land, measuring 3,716.19 square metres, to Ibad Limited on January 12, 2001.

In his judgment on November 13, 2008, Justice Aladetoyinbo set aside the purported allocation made to Ibad Limited, upheld Consolidated Resources’ claim to the land and ordered the FCDA and the FCT Minister to re-certify its (Consolidated Resources’) Certificate of Occupancy (c of O) for the land.

Ibad appealed the decision, but lost at the Court of Appeal, prompting it to now approach the Supreme Court.