COURTROOM NEWS 02/07/2023
Late Milad’s Children Move to Vacate Eviction Order
The children of the divorced wife of the former military administrator of Akwa Ibom State, Idongesit Nkanga, have filed an application before the Federal Capital Territory High Court, challenging the eviction order secured by their father’s wife, Ms. Mosunsola Nkanga, against them.
The children; Ms Joanna Achibong, Mr Utibe Nkanga, Mr Etietop Nkanga, Mr Lance Nkanga and Mr Ini-Idara Nkanga, joined as judgement debtors/applicants, in a motion on notice filed before the court through their lawyer, Inibehe Effiong, are asking the court to set aside the warrant of possession “illegally” obtained by the deceased’s wife, Mosunsola Nkanga, and reinstate them back to the premises.
Recall that Nkanga, a retired Air Commodore, who died of complications arising from COVID-19, had willed his property located at Mary Slessor Close, Yakubo Gowon Way, Asokoro, Abuja, to his wife, Mosunsola, and children before his death in 2020.
Mosunsola, in 2021, dragged her stepchildren to court over their “refusal” to grant her access to her late husband’s house in Abuja.
The court in the judgement on March 17, 2022, barred her stepchildren from restraining or interfering with Mosunsola’s right to live in or enjoy her matrimonial home, pending the issuance of a letter of administration’s or grant of probate over the estate.
Effiong (Nkanga children’s lawyer), however, said based on the judgement and the subsequent warrant for the possession of the premises signed by Justice O.A. Musa, Nkanga’s wife secured an enforcement team from the court and evicted her stepchildren from the house, leaving them stranded after seizing their property.
Effiong, a human rights activist, in his application, asked the court to set aside the eviction order as the warrant used in evicting the children was an “illegal” one.