Wednesday, July 24, 2024

Abacha Family Appeals to Court of Appeal Over Unlawfully Revoked Abuja Property

 

Nigeria’s former First Lady, Hajia Mariam Sani Abacha, and her son, Mohammed Sani Abacha, have appealed to the Court of Appeal in Abuja, seeking the recovery of a property they claim was unlawfully revoked and sold by the federal government. The property, located in the Maitama District of Abuja, was reportedly sold to Salamed Ventures Limited without the Abacha family's knowledge.

The Abacha family is challenging a May 19, 2024, judgment by Justice Peter Lifu of the Federal High Court in Abuja, which dismissed their suit concerning the property. The appeal names the Minister of the Federal Capital Territory (FCT), the Federal Capital Development Authority (FCDA), the President of Nigeria, and Salamed Ventures Limited as respondents.

In their notice of appeal, the Abacha family argues that Justice Lifu made legal errors, including incorrectly dismissing their earlier claims and improperly relying on the Land Use Act. They assert that the judge misapplied the law regarding their locus standi (legal standing) and the validity of their claims. They also contend that the judge erred by recognizing Salamed Ventures Limited's title to the property during the ongoing litigation.

The appeal, filed by Reuben Atabo, SAN, outlines several key points:

  1. Jurisdiction and Locus Standi: The appellants argue that the Federal High Court had jurisdiction to handle the case and that they had standing to file the suit as representatives of the Abacha Estate, even without letters of administration.

  2. Statute of Limitations: The family claims the judge incorrectly ruled that their case was barred by the statute of limitations, noting that the suit was filed within the permissible timeframe.

  3. Validity of the Revocation: They contend that the revocation of the property’s Certificate of Occupancy was unlawful and not in accordance with the required legal procedures.

  4. Improper Party Recognition: The appellants criticize the court for recognizing Salamed Ventures Limited as a valid party despite the ongoing litigation and the lack of proper title transfer.

The Abacha family is seeking to have the Court of Appeal overturn the lower court's judgment and address their grievances regarding the revocation and sale of the property. No date has yet been set for the appeal hearing.



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