A Federal High Court in Abuja has again dismissed a suit instituted against the Federal Government by the family of the late Head of State, General Sani Abacha, challenging the revocation of the property of the former military ruler located in the Maitama District of Abuja.
Justice Peter Lifu, on Monday, dismissed the suit in a judgement on the case filed nine years ago in which the Abacha family members are demanding the return of their father’s mansions located at Osara Close in Maitama and N500M compensation.
In the judgment, Justice Lifu predicated the dismissal on various grounds, among which are that the suit had become statute-barred at the time it was filed in 2015 and that those who initiated the case have no locus standi (legal power) to do so.
The suit was filed by the eldest surviving son of the former military ruler, Mohammed Sani Abacha, and the widow, Hajia Maryam Abacha, on behalf of the executors of the estate of the late military general.
Listed as 1st to 4th Defendants in the suit are the Minister of the Federal Capital Territory (MFCT), Federal Capital Development Authority (FCDA), President, Federal Republic of Nigeria, and Salamed Ventures Limited.
The new dismissal of the suit marked the fourth time the family would lose legal battles on the property in court, having lost twice at the High Court of the Federal Capital Territory (FCT) and once at the Court of Appeal in Abuja on grounds of jurisdiction.
Upon shifting the battle to the Federal High Court, the Abacha family, among others, prayed the Court to nullify and set aside the revocation of the Certificate of Occupancy (C of O) of the property of the late General Abacha.
The grouse of the family was that the Certificate of Occupancy marked FCT/ABUKN 2478 covering Plot 3119 issued on June 25, 1993, was illegally and unlawfully revoked by the defendants on January 16, 2006, in breach of Section 44 of the 1999 Constitution and Section 28 of the Land Use Act.
In their statement of claims, the Abacha family said the FCT under Nasir El-Rufai had, between 2004 and 2005, instructed them to submit the Certificate of Occupancy in their possession for re-certification.
They claimed that the 2nd plaintiff, Mohammed Sani Abacha, promptly complied with the directive by delivering the Certificate of Occupancy to the FCDA, and an acknowledgement copy was issued to him.
