Court Rejects Abacha Family's N500m Claim

Late General Sani Abacha

FG wins case against Abacha family's N500m claim...

Federal High Court dismisses Abacha family's lawsuit against Federal Government, upholds revocation of Certificate of Occupancy for late General Sani Abacha's property in Abuja, orders family to pay N500,000 in legal costs.

A Federal High Court in Abuja has struck down a long-standing lawsuit filed by the family of late General Sani Abacha against the Federal Government. The family had contested the government's seizure of Abacha's property in Maitama District, Abuja.

The lawsuit, filed nine years ago, sought the return of Abacha's mansions on Osara Close in Maitama and a staggering N500 million in compensation. However, Justice Peter Lifu delivered a ruling dismissing the family's claims, bringing an end to the protracted legal battle.

The court's decision marks a significant victory for the Federal Government, which had taken control of the properties following Abacha's demise. The ruling also brings closure to a contentious chapter in Nigeria's history, as the Abacha family's efforts to reclaim their patriarch's assets have been unsuccessful.

Justice Peter Lifu dismissed the case on several grounds, including the fact that the suit was filed too late in 2015 and that the family members lacked the legal standing to do so. The lawsuit was brought by Mohammed Sani Abacha, the eldest son of the late ruler, and his mother, Hajia Maryam Abacha, as executors of the estate.

The defendants in the case included the Minister of the Federal Capital Territory, the Federal Capital Development Authority, the President of Nigeria, and Salamed Ventures Limited. This recent dismissal marks the fourth time the Abacha family has lost a legal battle over the property, having previously lost twice at the High Court of the FCT and once at the Court of Appeal in Abuja due to jurisdictional issues.

The court's decision deals a significant blow to the Abacha family's efforts to reclaim their patriarch's assets, which have been the subject of a long-standing legal dispute. The family's repeated losses in court highlight the challenges they face in pursuing their claims, and the dismissal of this latest suit brings an end to another chapter in this protracted legal saga.

The Abacha family petitioned the Federal High Court to nullify the revocation of the Certificate of Occupancy (C of O) for General Abacha's property, citing illegal revocation on January 16, 2006. They argued that the revocation violated Section 44 of the 1999 Constitution and Section 28 of the Land Use Act, as the original Certificate of Occupancy was issued on June 25, 1993, for Plot 3119.

Between 2004 and 2005, the FCT, then under Nasir El-Rufai, requested the Abacha family to submit the Certificate of Occupancy for re-certification. Mohammed Sani Abacha complied, handing over the certificate to the FCDA, and received an acknowledgment. However, instead of receiving a new certificate, he received a letter on February 3, 2006, informing them of the revocation without explanation.

The Abacha family claimed they were not provided with reasons for the revocation and did not receive adequate compensation. They sought the court's intervention to declare the revocation null and void, restore their rights to the property, and order the defendants to pay damages for the unlawful revocation. The family's legal battles highlight their determination to reclaim their patriarch's assets and seek justice for alleged violations of their rights.

The Abacha family petitioned Justice Lifu to declare the revocation of their property rights as unconstitutional, unlawful, illegal, null, and void. They sought a court order to cancel the revocation, restore their Certificate of Occupancy, and declare it valid and in effect.

The family also requested a perpetual injunction to restrain the defendants from taking any further action on the disputed property. Additionally, they demanded N500 million in damages for the alleged unlawful revocation.

In their response, the defendants filed counter-affidavits and preliminary objections, seeking the dismissal of the suit, marked FHC/ABJ/CS/463/2016. They argued that the Abacha family's claims were without merit and that the court lacked jurisdiction to entertain the matter. The defendants' motion sought to strike out the suit, bringing an end to the long-standing legal battle.

Salamed Ventures Limited, the 4th defendant, through its counsel, James Ogwu Onoja SAN, argued that the suit was time-barred, having been filed beyond the three-month statutory limit prescribed by law. Onoja SAN contended that this lapse deprived the court of jurisdiction to entertain the matter.

Furthermore, Onoja SAN asserted that the suit fell under the Public Officers Protection Act, rendering it an academic exercise. He urged the court to dismiss the suit as frivolous and lacking merit, citing the Abacha family's failure to comply with the statutory timeframe for filing the suit.

James Ogwu Onoja SAN, counsel for Salamed Ventures Limited, revealed that his client had purchased the disputed property from the federal government for N595 million and received a Certificate of Occupancy on May 25, 2011. He argued that the Abacha family's suit was belated and without merit.

Justice Lifu, in his judgment, concurred with Onoja SAN that the legal issue commenced on February 3, 2006, when the Certificate of Occupancy was revoked. The judge noted that the suit was filed in May 2015, nearly nine years after the revocation, exceeding the three-month statutory limit. Furthermore, Justice Lifu held that the plaintiffs lacked the legal capacity to file the suit, as they failed to provide the required letters of administration for the estate.

Justice Lifu ruled in favor of Salamed Ventures, upholding the revocation of the Certificate of Occupancy due to breaches committed by the Abacha family, including constructing buildings without approved plans. The judge dismissed the Abacha family's suit, declaring that the revocation was lawful and valid.

The court also ordered the Abacha family to pay N500,000 in legal costs to Salamed Ventures, as the plaintiff's claims were deemed without merit. This ruling marked a significant defeat for the Abacha family in their long-standing legal battle to reclaim their patriarch's assets.