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.
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