The Federal High Court in Abuja has dismissed a lawsuit filed by the family of the late Head of State, General Sani Abacha, challenging the Federal Government’s revocation of one of his properties in Maitama District, Abuja.
According to The PUNCH, the presiding judge, Justice Peter Lifu, ruled on Monday that the case was statute-barred, among other reasons.
Filed in 2015, the suit, which was lodged nine years after the property’s revocation, sought the return of Abacha’s mansion at Osara Close, Maitama.
This marks the fourth legal defeat for the Abacha family concerning this property, following earlier losses at the High Court of the Federal Capital Territory and the Court of Appeal in Abuja on jurisdictional grounds.
The family’s plea was for the court to nullify the revocation of the Certificate of Occupancy, C of O, for the property, which they claimed was unlawfully revoked on January 16, 2006. They argued that the revocation violated section 44 of the 1999 Constitution and section 28 of the Land Use Act.
Defendants in the suit included the Minister of the Federal Capital Territory, the Federal Capital Development Authority, the President of Nigeria, and Salamed Ventures Limited.
The plaintiffs, led by Mohammed Abacha and his widow, Hajia Maryam Abacha, claimed that they were instructed under Nasir El-Rufai’s tenure to submit the C of O for re-certification.
They argued that they complied but later received a letter in February 2006 notifying them of the revocation without compensation.
The plaintiffs sought to have the revocation declared unconstitutional, nullify the action, and reinstate their C of O. They also requested an injunction against further action on the property and N500M in damages.
The defendants, particularly Salamed Ventures Limited, countered with objections, asserting that the suit should be dismissed due to being statute-barred and lacking merit.
They also sought N500M in compensation from the Federal Government.
Justice Lifu ruled that the plaintiffs lacked legal standing to file the suit, noting that the cause of action arose on February 3, 2006, but the case was not filed until May 2015, well beyond the permissible period.
The judge also criticized the plaintiffs for not presenting their letters of administration to the Estate as required by law.
The court agreed with Salamed Ventures Limited, which had argued that the property was lawfully revoked due to breaches in the Right of Occupancy, including unauthorized construction.
Justice Lifu dismissed the suit and awarded N500,000 in litigation costs to Salamed Ventures Limited.
