Appeal Court declares Asabe Waziri rightful owner of Abuja property after three years of legal battle

The Court of Appeal in Abuja has unanimously declared Ms Asabe Waziri as the right owner of a 2-bedroom property in Abuja which she purchased from Abeh Signature Ltd promoted by property developer, Cecil Osakwe.

The decision of the court, delivered on May 21 and made available on Sunday, also set aside the February 17, 2022 judgment of Justice Othman Musa of the FCT High Court, which ordered Ms Waziri to vacate the property while Osakwe should refund N150m to her.

It will be recalled that sometime in 2021, Ms Waziri purchased a property from Abeh Signature Limited, but almost a year after the property was purchased, Mr Osakwe sought to repudiate the contract on the ground of spurious money laundering allegations, which was believed to have masked an attempt to take advantage of the increased valuation of the property.

Following Ms. Waziri’ refusal to yield to Osawke and his company’s demands, Abeh Signature Ltd instituted an action at the High Court whereafter Hon. Justice Othman Musa ruled in favour of the company.

Unsatisfied with the High Court ruling, Ms Waziri approached the Appeal Court through her lawyer, Henry Eni-Otu.

In a unanimous verdict, the three-judge panel of the Court of Appeal led by Justice Hamma Akawu Barka, came down heavily on Abeh Signature Ltd and held that the attempt to criminalise the transaction was a smokescreen, having benefitted from it by receiving the purchase fee.

The court specifically held that Abeh Signature Ltd has not been able to prove any allegations of money laundering and declared that the judgment of the trial court was not supported by credible evidence and constituted a miscarriage of justice.

Justice Barka, in his lead judgment, stated: “It is clear that the respondent, having benefitted more from the transaction, seeks to vitiate the contract possibly to further benefit from it. I agree with the appellant’s counsel that the appeal is destined for success and should be allowed. Hence, having resolved all issues in favour of the appellant, this appeal succeeds and is hereby allowed.

“The judgment of the High Court of the Federal Capital Territory, Abuja in suit No: CV/2435/2021, delivered on February 17, 2022, is hereby set aside, and all actions taken consequent to the said judgment also stand vacated. The appellant is entitled to costs assessed at N500,000 (five hundred thousand Naira only). Appeal allowed.”

Other members of the appeal panel include Justices Abba Bello Mohammed and Okon Efreti Abang.

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