Nigeria’s former First Lady, Hajia Mariam Sani Abacha and her son, Mohammed Sani Abacha, have dragged the President, Minister of the Federal Capital Territory and two others before the Court of Appeal in Abuja seeking recovery of an alleged unlawfully revoked property of former Head of State, Late General Sani Abacha.
The property located in the Maitama District of Abuja was said to have been revoked by the Federal Government and sold to a private company, Salamed Ventures Limited, without the knowledge of the Abacha family.
The Abacha family is praying the Court of Appeal to void and set aside the judgment of Justice Peter Lifu of the Federal High Court, Abuja, which on May 19, 2024, dismissed their suit on the property.
Listed as 1st to 4th respondents in the appeal are the Minister of the Federal Capital Territory (MFCT), Federal Capital Development Authority (FCDA), President, Federal Republic of Nigeria and Salamed Ventures Limited.
Mrs Abacha and her son, on behalf of the family, are also praying the Appellate Court to invoke Section 15 of the Court of Appeal Act to take over their legal battle as a court of first instance and do justice to the matter.
In their notice of appeal against the judgment of the High Court, the Abacha family held that Justice Lifu erred in law and miscarried justice in his findings and conclusions in their case on the property.
The notice of appeal filed by Reuben Atabo, SAN, on their behalf was predicated on 11 grounds and two major reliefs.
Among others, they claimed that Justice Lifu erred in law when he held that their claim at the High Court of the Federal Capital Territory in suit No: FCT/HC/CV/317/2006 and that of the Court of Appeal in Appeal No: CA/A/197/2010 were dismissed whereas they were struck out for lack of jurisdiction….Click Here To Continue Reading>>
The appellants said that the judge erred in law when he relied on Section 39 of the Land Use Act to hold that the Federal High Court has no jurisdiction under Land Use Act to recover land contrary to the decision of the Court of Appeal which held that the proper court to handle such case is the Federal High Court.
Other grounds are that Justice Lifu erred in law when he suo motu held that they have no locus standi to file the suit on behalf of the Estate of late General Sani Abacha and decided the case without calling on parties to address the court, contrary to the principles of fair hearing as enshrined in Section 36 of the 1999.
According to them, Mohammed Sani Abacha, the 1st Appellant, disclosed his status as the eldest surviving son of late General Sani Abacha while the 2nd Appellant, Mariam Sani Abacha, also disclosed her capacity in the suit as the Widow of Late General Sani Abacha.
They claimed that they are sufficiently clothed with the capacity to institute the action either with or without letters of Administration to the property of the late Army General.
Similarly, the Abacha family said that the judge erred in law when he held that their case was statute barred at the expense of the exceptions to the applicability of Public Officers Protection Act.
According to them, the originating summons leading to this instant appeal was filed at the Federal High Court on May 25, 2015 after the Court of Appeal decision of May 18, 2015 adding that the judge failed to disclose in his judgment where their cause of action lapsed.
The notice of appeal reads, “The Certificate of Occupancy upon which the 4th Respondent claims title was issued to it by the 1st – 3rd Respondents on the 25th day of May, 2011 during the pendency of Appellants’ appeal to the Court of Appeal with appeal No: CA/A/197/2010.
