Federal High Court dismisses ABACHA family's lawsuit over Maitama property revocation

Monday, July 22, 2024 - The Federal High Court in Abuja dismissed a suit on Monday, July 22, filed by the family of the late Head of State, Sani Abacha, challenging the Nigerian government's revocation of his property in the Maitama District of Abuja.

The lawsuit, initiated by Maryam Abacha, the widow of the late dictator, and her eldest surviving son, Mohammed Abacha, contested the revocation of the Certificate of Occupancy (C of O) for their mansion at Plot 3119, which was issued on June 25, 1993. The revocation took place in February 2006 under Nasir el-Rufai, the then-Minister of the Federal Capital Territory (FCT), nearly 13 years after Abacha's death.

 The Abacha family sought the return of the property on Osara Close in Maitama, Abuja, and demanded N500 million for the alleged illegal revocation. The defendants in the suit included the FCT Minister, the Federal Capital Development Authority (FCDA), the Nigerian president, and Salamed Ventures Limited, which later acquired the property.

 Sani Abacha, who ruled Nigeria from 1993 until his death in 1998, is often remembered for his kleptocratic regime and severe human rights abuses. Since his demise, his family has fought numerous legal battles to recover assets seized domestically and internationally.

 Delivering the judgment, Justice Peter Lifu ruled that the case, filed in May 2015, was statute-barred, as the cause of action arose in February 2006. The judge stated that the filing exceeded the legal timeframe for challenging a public officer's action.

 Furthermore, the judge determined that the plaintiffs lacked locus standi because they did not present letters of administration for the estate. He declared that the property's revocation was lawful, citing breaches of the Right of Occupancy covenants, including constructing buildings without approved plans.

 The court ordered the Abacha family to pay N500 million in litigation costs to Salamed Ventures Limited. This verdict marks the fourth major legal defeat for the Abacha family in their attempt to reclaim the property, following previous losses at the High Court of the Federal Capital Territory and the Court of Appeal in Abuja, all on jurisdictional grounds.

 Sani Abacha seized power on November 17, 1993, ousting the Ernest Shonekan-led interim government installed by the regime of Ibrahim Babangida. He led a repressive regime for five years and was planning to transition to civilian rule when he suddenly died in office in 1998.