Police enforce court judgment reinstating titles to 400 allottees

The FCT Police Commissioner, Mr Babaji Sunday has commenced the enforcement of a judgement of the Court of Appeal, Abuja Division that reinstated members of the “Incorporated Trustees of Apo XK Extension Residents Association” titles to over 400 plots of land.

Already, 20 policemen, along with seven bailiffs from the FCT High Court have served the Court of Appeal enrolment order and the High Court’s warrant for possession to the current occupants of the land.

Tribune Online gathered that enforcement of the Court of Appeal judgement became the only option for the original allottees after the Supreme Court struck out both the ENL Consortium Limited appeal No. SC.9/2018 and the Federal Housing Authority appeal No. SC.613/2018.

Armed with the Court of Appeal enrolment order and writ of possession, the original allottees applied to FCT Police Command for the enforcement of the Court of Appeal judgement delivered on May 18, 2017, and the enforcement was carried out last week.

Supreme Court had, on June 6, 2018, in the Chambers ruling by Justices Olabode Rhodes-Vivour, Mary Ukaego Peter-Odili, John Inyang Okoro, Chima Centus Nweze and Sidi Dauda Bage struck out the ENL Consortium Limited appeal No. SC.9/2018. Justice Rhodes-Vivour who read the lead judgement simply said “Appeal struck out”, without giving a reason.

The Federal Housing Authority had on the same day of June 6, 2018, ENL appeal was struck out, applied to the Supreme Court for extension of time to seek to leave to appeal against the judgement of the Appeal Court as well as to, a grant application for stay of execution of the judgement of the appellate Court pending the determination of the application or where the application is successful, pending the determination of the appeal arising from the application.”

The lead judgement delivered by the current Chief Justice of Nigeria, Justice Olu Ariwoola, held that “It is ordered; that application filed on the 29th day of June 2018 having been withdrawn is hereby struck out.”

The Court of Appeal had, on May 18, 2017, set aside the decision of the FCT High Court and declared the re-allocations of over 400 plots of land that constitute the Apo XK Lay-out by the Minister of the Federal Capital Territory and Federal Capital Development Authority to ENL Consortium Limited and Federal Housing Authority as illegal, null and void.

In the unanimous judgement delivered by Justices Mohammed Mustapha, Emmanuel Akomaye Agim and Tani Yusuf Hassan on May 18, 2017, the court ordered the FCT Minister, FCDA and ENL Consortium Limited to immediately halt the acts of trespass and to remove all machinery or personnel from the plots of land situated within XK Layout, Apo District which belongs to the appellants.

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