Abuja property: Maintain status quo until Appeal Court rules, group tells AMCON

A judicial rights group known as the Peace and Anti-Corruption Advocacy (PACA) has urged the Asset Management Corporation of Nigeria (AMCON) and its legal representative, Joe Dappa Esq., to follow the due process provided by law and allow the judicial process take its course without taking laws into their hands.

PACA asked AMCON to thread with caution and maintain status quo while awaiting the final decision of the Court of Appeal over a matter involving the asset management company and another company, Assorted Foods and Integrated Beverages Limited over the ownership and right to possession of Plot No. 136 Aminu Kano Crescent, Wuse II, Abuja.

The group in a release signed by Abuja based human rights advocate, Osuagwu Ugochukwu, appealed to AMCON to maintain Res pending the decision of the Court of Appeal sitting in Abuja that had fixed hearing in the matter for May 6, 2020, adding that no party however powerful and mighty should take laws into its hands and disregard the court.

According to PACA, based on court processes, it appears that AMCON is not ready to await the Court of Appeal decision in a matter between it and Assorted Foods as to the ownership and right to possession of the said Abuja property though it is on record that the corporation got a judgment allowing it to take possession on May 16, 2018, in a suit delineated FHC/ABJ/CS/352/2015 though Assorted Foods had immediately filed a notice of appeal and Motion for Injunction which was duly served on AMCON and its lawyers.

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According to PACA, records at its disposal revealed that AMCON filed responses to the appeal process to contest the appeal, indicating that parties have submitted themselves to the Court of Appeal and is expected to sheathe their swords and await the final decision of the Court of Appeal which has been slated for May 6, 2020.

“Parties should respect the doctrine of lis pendence, which prevents the transfer of rights in the property i.e plot 136, Aminu Kano Crescent which is the subject matter of an action pending in Appeal Court, Abuja for it would be plainly impossible that any action or suit could be brought to a successful termination if alienation pendent lite were allowed to prevail,” PACA said.

Assorted Foods had through a letter submitted to the Court of Appeal on 21/11/2019, alleged that AMCON brought 30 mobile policemen to chase out tenants in the building at Plot 136, Amino Kano Crescent. Wuse II.

PACA described this as condemnable and an assault to sensibilities that AMCON staff could allegedly “detain the Court of Appeal Bailiff, Mr Emeka Obiakor who came to serve it with the Appellant’s Notice of Appeal, motion for injunction and other appeal documents on 18/11/2019. This is unacceptable conduct where parties are before the higher court.

“We, therefore, urge AMCON to thread with caution and await the final decision of the Court of Appeal over the subject matter i.e Plot 136, Aminu Kano Crescent, Wuse II, Abuja.,” the group said.