Demolition: Judge berates FCTA officials for disobeying court order

Justice Hamza Muazu of High Court of the Federal Capital Territory, sitting in Maitama, Abuja on Thursday, berated authorities of the Federal Capital Territory Administration (FCTA) for disobeying a valid order of the court, which had restrained them from demolishing a property owned by Praco International Ltd.

The multi-billion naira estate is located in Asokoro/ Kugbo axis of the Federal Capital Territory.

The Judge was reacting to recent developments arising from a suit filed by Engr. Success Obioma, Praco International Ltd, Psalm 127 Ltd, and Peace Be Still Ltd, (Claimants) against the Federal Capital Territory Administration and others.

Defendants in the suit marked FCT/HC/CV/1739/ 24 and Motion No: M/5827/2024, are the FCT Minister, Federal Capital Development Authority, The Deed Registrar FCDA, Director Department of Urban and Regional Planning, Chairman Abuja Metropolitan Management Council and the Director of Land Administration FCT, etc.

Justice Eleojo Enenche of High Court of FCT in Wuse, had, on March 22, 2024, made an order of interim injunction restraining the Defendants/Respondents by themselves or their servants, agents, privies, proxies or whosoever acting on their express or presume authority from further demolishing or destroying Claimants developments which include but not limited to infrastructure and house, on Plots 582 Kukwaba, 542 Kukwaba, 454 Guzape, 455 Guzape, Plot 456 Guzape, 458 Guzape, 1577 Guzape, 4577 Maitama Aé Ltd, 5044 Maitama Aé, 3198 Maitama Aé, 5033 Maitama, Aé, 2444 Gwarinpa, 505 Wuye, 2129 Gorki 1, 4143 Jikoyi, 4145 Jikoyi, 4147, 4149, 524 Kukwaba, 527 Kukwaba and 3037 Asokoro, which developments were put on the land by the Claimants after securing Defendants’ approval upon payments of necessary fees pending determination of the Motion on Notice for Interlocutory Injunction.

“An order of interim injunction restraining the Defendants/Respondents by themselves or their
servants, agents, privies, proxies, or whosoever acting on their express or presumed authority from taking any step, action, or decision adverse to the beneficial interest of the Claimants on Plots S82 Kukwaba, 542 Kukwaba, 454 Guzape, 455 Guzape, Plot 456 Guzape, 458 Guzape, 1577 Guzape, 4577 Maitama Aé Ltd, 5044 Maitama Aé, 3198 Maitama Aé, 5033 Maitama, Aé, 2444 Gwarinpa, 505 Wuye, 2129 Garki 1, 4143 Jikoyi, 4145 Jikoyi, 4147, 4149, 524 Kukwaba, 527 Kukwaba and 3037 Asokoro or however seek to determine, invalidate, withdraw or revoke Claimants’ title to any of the Plots of Land listed above pending the determination of Motion on Notice for Interlocutory Injunction.

However, while the order was subsisting, the Federal Capital Territory Administration (FCDA) officials on Wednesday demolished the property.

Worried by the action of the FCT Authorities, the developer, on Thursday approached the court, wherein it obtained an order further extending by another seven days, the injunctive interim order against the defendants.

Justice Muazu, sitting as a vacation judge at the High Court of the FCT, Maitama, expressed dismay at the action of the defendants in view of the pendency of the matter in court.

After listening to the application by the Claimant’s lawyer, J. K Matthew the court compelled the FCT Authorities to write an undertaking through their lawyers that they will never do anything that will affect the subject matter.

The judge warned them against any further action on the property pending the hearing and determination of the substantive suit.

Addressing the press on Thursday, the Managing Director/Project Manager of Praco International Ltd, Dr Chukwudubem Ezekwelu Esq. lamented the flagrant disobedience of court orders by some government ministries, Agencies, etc.

He therefore appealed to President Bola Tinubu “to immediately intervene to stop the lawlessness and impunity and save the massive investment of patriotic Nigerians, as well as protect the integrity of the judiciary.

“Mr President needs to intervene urgently in this matter to restore the confidence of Nigerians and even expatriates in investing in the country, Dr Ezekwelu said.

He further appealed to the FCT Minister, Barrister Nyesom Wike, to rescind the decision on the demolition of the multi-billion Naira estate to enable them to come to a drawing board on the way forward.

According to him, the real estate business is a major means of internally generated revenue and should be encouraged by the government because it can turn around the economy of the country.