A High Court of the Federal Capital Territory (FCT) has halted the federal government from trespassing, acquiring and or taking over some plots of land located at the highbrow Maitama Extension, popularly known as Maitama Aliero.
Justice U. P. Kekemeke of the FCT High Court in Maitama issued the order while delivering ruling in a motion on notice brought by the trustees of the Association of Plot Owners, Maitama Extension (APOMEX, Maitama Aliero) and 11 others against the federal government.
In the suit marked: FCT/HC/CV/318/2022, the president Attorney General of the Federation and Minister of Justice; Ministry of Defence; Minister of Defence; Minister Federal Capital Territory, and Federal Capital Development Authority are 1st to 6th defendants respectively.
In the ruling delivered on March 27, the Judge held that: “An order of interlocutory injunction is hereby granted restraining the 1st, 3rd and 4th defendants whether by themselves, agents…from further entry and/or otherwise committing further acts of trespass, forcibly developing, acquiring, taking over, meddling in or with, transferring, disposing of, speculating in respect of the property of the claimants/applicants lying, being, situate at and known as and within Cadestral Zone AO5, Maitama, aka Maitama Aliero, particularly 3rd-12th claimants property as aforementioned herein.”
The Judge in addition restrained Buhari, the Minister of Defence and the Defence Ministry from Issuing any Certificate of Occupancy, Development Approvals/ permits in respect of the said landed property pending the hearing and determination of the main suit.
The landowners under the auspices of the Trustees of the Association of Plot Owners, Maitama Extension, Maitama Aliero and 11 others had 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 property of the claimants/applicants lying, being situate at and known as and within Cadastral Zone A05, Maitama alo known as 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.
The court, however, after listening to the argument of Mr. Williams Ataguba, lawyer to the claimants, and reading the affidavit in support of the motion on notice deposed by Dr. Angela Ekure, granted the restraining order.
Meanwhile, hearing of the substantive suit has been fixed for June 20, 2023.
