Paschal Njoku
Prince and Princess Ltd, developer of properties at a multi billion naira estate belonging to Praco Ltd has sent a passionate appeal to President Bola Tinubu to urgently intervene in the unlawful demolition of it's property located at Pot 581 E27 Cadastral Zone, Kugbo- Abuja.
The Developer disclosed that officials of the Federal Capital Development Agency, acting on the orders of the FCT Minister, Barr Nyesom Wike, had on Wednesday 27th March, 2024, invaded the project site with a detachment of over 300 security personnel including the Army, the Navy, the Police and many others, and destroyed the properties.
The said property has the registration number: FCDA/DC/BP/ASD/29163 validly approved by the FCT authorities for development.
Court processes showed that the demolition was against the subsisting judgements of courts and valid order of Interim Injunction by Justice Eleojo Enenche of the FCT High Court 44, Wuse Zone 2, issued on the 22nd of March, 2024 and served on the Minister, FCDA, the Deed Registrar of the FCDA, the Director of Urban and Regional Planning, security agencies and many others.
The Order was to restrain the defendants, who include the minister, the FCDA and the rest from demolishing or destroying the developer’s properties, which include infrastructure and house on Plot 582 Kukwaba, 542 Kukwaba, 454 Guzape, 455 Guzape, 456 Guzape, 458 Guzape, 1577 Guzape, 4577 Maitama A6 Ltd, 5044 Maitama A6, 2444 Gwarinpa, 505 Wuye, 2129 Garki 1, 4143 Jikoyi, 4145 Jikoyi, 4147, 4149, 524 Kukwaba, 527 Kukwaba and 3037 Asokoro.
The court recognized that the developer had put the properties on the afore-mentioned land after securing the defendants’ approval upon payments of the necessary fees pending the determination of the motion on notice for interlocutory injunction.
According to the Managing Director of the company developing the estate, Dr. Barr Chukwudubem Ezekwelu, it was worrisome that the Minister would order the FCDA to demolish the property even when the Motion on Notice fixed for hearing on 9th April 2024, is yet to be heard.
Ezekwelu also revealed that the owner of the property Praco International Limited, had earlier on the 7th of July, 2023, received the certificate for the Restoration of the Right of Occupancy for the land from the then FCT Minister, pursuant to a court order in Suit No FCT/HC/M/2318/2022.
In spite of all these certifications, Ezekwelu revealed that the FCDA officials invaded the property early Wednesday 27th March around 6am and continued demolishing the properties till afternoon when they suddenly pulled out.
Regretting the FCDA’s flagrant flouting of the court’s orders, the legal practitioner noted that there was no prior notice of demolition, nor were there any letters, court order or warning whatsoever from the FCDA before they embarked on the unlawful act.
“These demolitions were done against the valid order of the FCT High Court, which was duly served on the development control, the FCDA and the Office of the FCT Minister.
“This is the highest level of impunity, high handedness , Executive rascality ,disregard for the rule of law, judiciary & constitution of the Federal Republic Of Nigeria,” he fumed.
Barr Ezekwelu expressed worry that the FCDA could destory such huge investment worth over N10billion, and aplealed to the President and Commander-in-Chief of the Federal Republic of Nigeria, President Bola Tinubu to immediately intervene to stop the lawlessness and impunity and save the massive investment of patriotic nigerians, as well as protect the integrity of the judiciary.
“Mr President needs to intervene urgently in this matter to restore the confidence of Nigerians and even expatriates in investing in the country.
“It is worrisome that the Minister will by this act of high-handedness, be making a mess of Mr President’s call to well-meaning Nigerians to invest in the country.
“It also beckon on all well-meaning Nigerians, the Nigerian Bar Association, NBA, and the National Judicial Council, NJC, to call Barr Nyesom Wike and other co-perpetrators of this illegality to order to avoid driving away both local foreign investors from the nigerian economy” Ezekwelu posited.
The exparte motion was drawn from a suit filed by Engr. Success Obioma, Praco International Ltd, Psalm 127 Ltd, and Peace Be Still Ltd, (Claimants) against the FCT Administration.
Defendants in suit are the FCT Minister, Federal Capital Development Authority, The Deed Registrar FCDA, Director Department of Urban and Regional Planning, Chairman Abuja Metropolitan Management Council and the Director of Land Administration FCT.
Other defendants/Respondents in the suit marked FCT/HC/CV/1739/ 24 and Motion No: M/5827/2024 are the Director Department of Development Control, Director Abuja Geographic Information Systems, IGP, FCT Police Commissioner, Commandant General of Civil Defence, and FCT Commandant Civil Defence Corp.
The Motion Ex-parte filed on 22/03/2024, and brought pursuant to Order 43 Rule 1 and 3 of the High Court of FCT, Abuja (Civil Procedure) Rules 2018, Section 6 (6) (B) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) was accompanied by a 52-paragraph affidavit, deposed to by oneSimon Nnaemeka Nwani.
After hearing J. K Matthew, counsel for the Applicant, the court made an order of interim injunction restraining the Defendants/Respondents by themselves or their servants, agents, privies, proxies or whosoever acting on their express or presume authority from further demolishing or destroying Claimants developments which include but not limited to infrastructure and house, on Plots 582 Kukwaba, 542 Kukwaba, 454 Guzape, 455 Guzape, Plot 456 Guzape, 458 Guzape, 1577 Guzape, 4577 Maitama Aé Ltd, 5044 Maitama Aé, 3198 Maitama Aé, 5033 Maitama, Aé, 2444 Gwarinpa, 505 Wuye, 2129 Gorki 1, 4143 Jikoyi, 4145 Jikoyi, 4147, 4149, 524 Kukwaba, 527 Kukwaba and 3037 Asokoro, which developments were put on the land by the Claimants after securing Defendants’ approval upon payments of necessary fees pending determination of the Motion on Notice for Interlocutory Injunction".
"An order of interim injunction of this Honourable Court is made restraining the Defendants/Respondents by themselves or their
servants, agents, privies, proxies or whosoever acting on their express or presumed authority from taking any step, action or decision adverse to the beneficial interest of the Claimants on Plots §82 Kukwaba, 542 Kukwaba, 454 Guzape, 455 Guzape, Plot 456 Guzape, 458 Guzape, 1577 Guzape, 4577 Maitama Aé Ltd, 5044 Maitama Aé, 3198 Maitama Aé, 5033 Maitama, Aé, 2444 Gwarinpa, 505 Wuye, 2129 Garki 1, 4143 Jikoyi, 4145 Jikoyi, 4147, 4149, 524 Kukwaba, 527 Kukwaba and 3037 Asokoro or however seek to determine, invalidate, withdraw or revoke Claimants’ title to any of the Plots of Land listed above pending the determination of Motion on Notice for Interlocutory Injunction.
"This order will be for an initial period of Seven (7) days.
"The Motion on Notice is hereby fixed for hearing on 9th April, 2024" Justice Enenche ordered. END.
