Asset recovery: Counsel’s absence stalls late COAS children’s suit against uncle

The absence of counsel to Mr Emmanuel Yusuf, maternal uncle to the children of the late Chief of Army Staff, Lt. Gen. Luka Yusuf, has stalled the legal proceedings in a matter brought before the magistrate against Yusuf by the children of the late Army boss.

Counsel to Emmanuel Yusuf in a letter to the court stated that he was engaged before a Court of Appeal Kaduna division.

The presiding magistrate after listening to Barrister D.B. Kwajaffa adjourned the matter to February 22, 2022, for mention.

Speaking to the media outside the court, Barrister D.B. Kwajaffa, said it is a normal court procedure to adjourn any matter for counsel who is busy before a higher court.

It would be recalled that the children of the late COAS had dragged Mr Emmanuel Yusuf before the court, seeking recovery of their father’s property presently occupied by him.

In a suit No KDC/734cc/21 filed by Bilhatu Beauty Yusuf on behalf and other siblings, the defendant was summoned to appear before the court on December 23, 2021, to answer the claimant’s claim to recover possession of a detached duplex and all the other developers/improvements of property No. 15, Bourmediene Road, Narayi High cost.

The suit, supported by a claim filed by Barrister Kwajaffa of MESSRS HALI CHAMBERS, stated that the claimant is entitled to the possession of premises that the defendant occupies as a licensee and which licence was revoked on October 25, 2021.

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The suit, supported by a 20-paragraph counter-affidavit deposed by the assistant litigation officer (ALO) of Messrs Hali Chambers, Suleiman Abdullahi, stated in paragraph 9 that the defendant/objector was permitted to use the premises by the late mother of the claimant/respondent, Mrs Bilki Mary Yusuf.

“The claimant did serve on the defendant a notice in writing of her intention to apply to recover possession of the said premises, by personal service and that notwithstanding the said notice, the defendant has refused, failed or neglected to deliver possession of the said premises and still detains the same.”

However, in a preliminary objection filed by his counsel, Patrick Buki Achi, of B.E Gwadah &CO on December 20, 2021, the defendant seeks an order striking out the suit for want of jurisdiction.

The defendant said in his affidavit in paragraph 11, that thereafter, he and Late Bilki M. Yusuf, mother to the claimant, agreed she will compensate him with N25,000,000.00 for his tireless efforts in recovering her late husband’s properties though not documented.

“That the money was not forthcoming for my elder sister, Late Bilki M. Yusuf so at a point she told me to move into the property which is the subject matter of this suit until the time she will be able to pay me the N25, 000,000.00,” he said.