|
Listen to article
|
A new front has opened in the battle over the Abacha family’s assets, as they launch an appeal against a high court judgment that endorsed the Federal Government’s takeover of their property.
The late General Sani Abacha’s family is determined to fight on, taking their case to the Court of Appeal in Abuja.
A major setback hit the Abacha family on Monday when Justice Peter Lifu of the Federal High Court in Abuja rejected their bid to reclaim their Maitama District property, upholding the government’s revocation order and leaving the family’s legal team reeling.
Hajia Mariam Abacha and her son Mohammed are crying foul over the Federal Government’s handling of their family’s property, insisting that the revocation and subsequent sale to Salamed Ventures Limited was a clandestine operation that denied them their rightful say – and fair market value.
The Abacha family’s lawsuit is seeking a clear-cut court mandate: force the President and the Minister of the Federal Capital Territory to surrender the contested property, bringing a measure of closure to this contentious saga.
But on Monday, Justice Lifu delivered a crushing blow to the Abacha family’s hopes, ruling that their 2015 lawsuit was dead on arrival – timed out by the statute of limitations – and that they lacked the legal standing to even bring the case to court in the first place.
Dissatisfied, however, the family has, through their lawyer, Reuben Atabo (SAN), proceeded to the Court of Appeal, seeking to overturn the lower court’s judgment.
In the Notice of Appeal, containing 11 grounds, the Abacha family prayed the appellate court to invoke Section 15 of the Court of Appeal Act to take over the legal battle as a court of first instance and do justice to the matter.
The family contended that Justice Lifu 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 the 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.
“By Section 6 of the 1999 Constitution, judicial powers are vested in our courts and it is the duty of courts to determine disputes between individuals and government or government agencies. Where a party to a proceeding transfers title to the property in a dispute, such attitude is an affront to the authority of our courts and the same will not be condoned.
Read also: Tinubu Hails France’s Intention To Return $150m Abacha Loot
“The trial judge of the lower court erred in law when he held that the revocation of the appellants’ title to Plot 3119 Maitama, Abuja, was valid even when the purported revocation was not carried out following Section 28 of the land,” the family said.
The court has yet to fix a date for the hearing.
