Abacha family loses land revocation suit against government
The Federal High Court in Abuja on Monday dismissed a suit filed by the family of the late Head of State, Sani Abacha, challenging the Nigerian government’s revocation of the deceased military ruler’s property in the Maitama District of Abuja, according to Premium Times.
The suit was brought by the widow of the late Mr Abacha, Maryam Abacha, and her eldest surviving son, Mohammed Abacha.
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 13 years after the dictator’s demise.
In their suit, the family sought the return of the property at Osara Close in Maitama, Abuja and N500 million for the alleged illegal revocation.
Those they sued as defendants 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.
The late Mr Abacha ruled Nigeria with an iron fist from 1993 until he died in 1998.
His family has instituted a series of legal battles to recover various assets, including the Maitama property, seized from them at home and abroad after his death.
Delivering judgement on their suit filed for the recovery of the Abuja property, 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He ruled that the cause of action arose in February 2006 when the Certificate of Occupancy (C of O) was revoked, but the case was filed in May 2015.
The judge said the filing came outside the legal timeframe for challenging the action of a public officer.
The judge also found the plaintiffs lacked locus standi, as they failed to present letters of administration for the estate.
He ruled that the property revocation was lawful due to breaches of the Right of Occupancy’s covenants, including constructing buildings without approved plans.
The court ordered the Abacha family to pay N500 million in litigation costs to Salamed Ventures Limited. (Premium Times)