Abacha’s family appeals against Tinubu, Wike, FCDA over disputed Abuja property
The family of the late former Head of State, Sani Abacha has appealed the judgement of a Federal High Court in Abuja, which dismissed their claim over an Abuja property.
Justice Peter Lifu had on July 19 ruled that the family lacked the locus standi to file the suit challenging the revocation of their property at the Maitama District and demanding the sum of N500 million compensation.
In a notice of appeal filed on July 23 by their counsel, Reuben Atabo (SAN), the Abacha family, led by Mohammed Sani
Abacha and Hajia Maryam Sani Abacha, faulted Justice Lifu’s judgment and prayed the Court of Appeal to set it aside.
They are also praying the court to void the sale of the property to a third party and the subsequent certificate of occupancy issued to the alleged buyer.
The appellants argued that the Federal High Court erred when it held that their earlier suit on the issue at the High Court of the Federal Capital Territory (FCT) marked: FCT/HC/CV/317/2006 and their subsequent appeal, marked: CA/A/197/2010 were dismissed whereas they were struck out for lack of jurisdiction.
They also faulted the trial court for relying on Section 39 of the Land Use Act to hold that the Federal High Court has no jurisdiction under the Land Use Act to recover land, contrary to the earlier decision of the Court of Appeal, which held that the proper court to handle their case is the Federal High Court.
The appellants noted that their originating summons leading to the appeal was filed at the Federal High Court on May 25, 2015, after the Court of Appeal’s decision of May 18, 2015, adding that the lower court failed to disclose in his judgment when their cause of action lapsed.