Supreme Court jolts ex-President Obasanjo, adjourns hearing in his Abuja land battle with Sani Abacha family
The Supreme Court, on Monday, in Abuja approved a request by a company owned by previous President Olusegun Obasanjo– Ibad Limited– for time to regularise its 2 appeals.
A five-member panel, led by Justice Centus Nweze, approved the request for adjournment looked for by Ibad’s legal representative, Ademola Abimbola on understanding that his notifications of appeal in appeals marked: SC/261/2017 and SC/262/2017 submitted given that 2017 were faulty.
Attorneys to the three participants in both appeals– Reuben Atabo (SAN) for Consolidated Resources Nig. Ltd (the first participant) and U. J Obialo for the Federal Capital Development Authority (FCTA) and the Minister of Federal Capital Territory (FCT), 2nd and 3rd defendants, did not object to Abimbola’s application.
The Supreme Court then adjourned till February 6, 2024 for hearing.
Both appeals protest 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, owned by the late General Sani Abacha, was stated the beneficial owner of a dispute tract in the highbrow Maitama, Abuja.
Ibad is, in both appeal, competing that the Court of Appeal, Abuja erred when it affirmed the November 13, 2008 judgment by Justice Sunday Ebenzer Aladetoyinbo of the High Court of the FCT, in suit: FCT/HC/226/ 1999 without managing it fair hearing.
Consolidated Resources had through its lawyer, Reuben Atabo (SAN) taken legal action against in 1999, mentioning that in early 1990s it was properly designated the parcel measuring 2.1 hectares, known as Plot 1263, A6, Maitama District after paying all relevant fees to the FCDA, following which the FCT Minister, Lt. Gen.Jerry Useni released it with a certificate of tenancy marked: FCT/ABU/MISC/ 11762 on May 19, 1994.
It included that soon after it started building and construction deal with the land, agents of the FCDA and the FCT Minister relocated, in 1999 and ordered that additional building works be suspended, prompting it to take legal action against.
Consolidated Resources mentioned that previous to hearing the substantive suit, Justice Aladetoyinbo provided an ex-parte order on May 12, 1999 limiting the FCDA and FCT Minister from reallocating any part of the land to any other person or firm pending the last determination of the match.
It added that despite the order by Justice Aladetoyinbo, the FCDA and the FCT Minister reallocated part of the land, determining 3,716.19 square metres, to Ibad Ltd on January 12, 2001.
In his judgment on November 13, 2008 Justice Aladetoyinbo set aside the supposed allotment made to Ibad Ltd, supported Consolidated Resources’ claim to the land and ordered the FCDA and FCT Minister to re-certify its (Consolidated Resources’) certificate of occupancy in respect of the land.Ibad appealed the choice, however lost at the Court of Appeal, prompting it to now approach the Supreme Court.
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