Court Stops Defence, FCT Ministers From Trespassing On Abuja Land

A High Court of the Federal Capital Territory (FCT) has stopped the Nigerian Army and ministry of Defence, among others, from trespassing and forcibly taking over plots of land located at highbrow Maitama Extension, popularly known as Maitama Aliero.

In a suit marked FCT/HC/CV/318/2022, Justice U. P. Kekemeke of the FCT High Court, had restrained the defendants pending the determination of a subsisting case before it.

Joined as defendants include the president Muhammadu Buhari, attorney general and minister of Justice Abubakar Malami, ministry of defence, minister of defence, Bashir Magashi, FCT minister, Musa Muhammad, and Federal Capital Territory Authority (FCDA).

The landowners under the auspices of the Trustees of the Association of Plot Owners, Maitama Extension, Maitama, Aliero & 11 others, approached the court on December 16, 2022, asking the court to order the defendants and their agents from “committing further acts of trespass, forcibly developing, acquiring, taking over, meddling in or with, transferring, disposing off, speculating in respect of the properties of the claimants/applicants lying, being, situate at and known as and within Cadastral Zone A05, Maitama a.k.a Maitama Aliero.”

The plaintiffs have accused the Nigerian Army of violently demolishing structures and possessing the plots of land in the area without any valid reason.

On March 27, 2023, the court granted the restraining order after hearing the defendants’ affidavit in support of the motion paper attached with 13 exhibits, sworn by Dr Angela Ekure, and written arguments by the counsel to the applicants, Williams Ataguba.

While granting the order, Justice Kekemeke said “an order of interlocutory injunction is hereby granted restraining the 3rd (Ministry of Defence) and 4th (minister of defence) defendants whether by themselves, agents, servants, privies whomsoever and however defined, from further entry and/or otherwise committing further acts of trespass, forcibly developing, acquiring, taking over,  meddling in or with, transferring, disposing off, speculating in respect of the properties of- the  Claimants/Applicants lying, being, situate at and known  as and within Cadastral Zone A05, Maitama a.k.a  Maitama Aliero, particularly 3rd 12th Claimants/Applicants’ properties as aforementioned herein.

“An order of interlocutory injunction  is further granted restraining the 1st (the president), 3rd (Ministry of defence) and 4th (minister of defence) defendants whether by themselves, agents, servants, privies, whomsoever and however described from   issuing any certificate of occupancy, development approvals and/or permits over and/or in respect of the   claimants/applicants’ properties lying, being, situate at  and known as and within Cadastral Zone A05, Maitama a.k.a Maitama ÅIiero, particularly 3rd 1 2th   Claimants/Applicants’ properties as aforementioned herein.”

The court had adjourned the case to June 20, 2023 for hearing.