Court Rejects Abacha Family’s N500 Million Suit Against Nigerian Government Over Abuja Property

Sakeenah Abdullateef

A Federal High Court in Abuja has rejected a lawsuit filed by the family of the late General Sani Abacha, who sought to challenge the revocation of property in the Maitama District of Abuja.

Justice Peter Lifu dismissed the case, which was filed nine years ago, with the Abacha family demanding the return of mansions located at Osara Close in Maitama and N500 million in compensation.

In his judgment, Justice Lifu cited several reasons for dismissing the suit, including that it was statute-barred when filed in 2015, and that the plaintiffs lacked the legal standing to initiate the case.

The lawsuit was brought forward by the eldest surviving son of General Abacha, Mohammed Sani Abacha, and his widow Hajia Maryam Abacha, on behalf of the estate executors.

Defendants listed in the suit included the Minister of the Federal Capital Territory (MFCT), Federal Capital Development Authority (FCDA), President of Nigeria, and Salamed Ventures Limited.

This dismissal marked the fourth legal defeat for the Abacha family concerning this property, following loses in two High Court cases in the Federal Capital Territory and one in the Court of Appeal in Abuja, all on jurisdictional grounds.

When the case was moved to the Federal High Court, the Abacha family requested the court to annul the revocation of the Certificate of Occupancy (C of O) for the late General Abacha’s property.

The family contended that the Certificate of Occupancy, issued on June 25, 1993, for Plot 3119, was unlawfully revoked on January 16, 2006, in violation of Section 44 of the 1999 Constitution and Section 28 of the Land Use Act.

In their claims, the family stated that the FCT, under Nasir El-Rufai, instructed them to submit the Certificate of Occupancy for re-certification between 2004 and 2005, which they did. However, they received a letter on February 3, 2006, notifying them of the revocation without any stated reason and without adequate compensation.

The family sought a declaration from Justice Lifu that the revocation was unconstitutional, illegal, and void. They also requested an injunction to prevent the defendants from taking further action on the property and demanded N500 million in damages.

The defendants, in their counter-affidavits and preliminary objections, sought the outright dismissal of the suit marked FHC/ABJ/CS/463/2016.

Representing Salamed Ventures Limited, James Ogwu Onoja SAN, argued that the suit was statute-barred as it was filed well after the three-month limit from the cause of action, as prescribed by law. He contended that the suit was therefore an academic exercise and lacked merit.

Onoja SAN also noted that Salamed Ventures Limited legally acquired the property from the federal government for N595 million, with a Certificate of Occupancy issued on May 25, 2011.

In his judgment, Justice Lifu concurred with Onoja SAN, stating that the cause of action arose on February 3, 2006, while the case was filed in May 2015, well beyond the allowable three-month period.

Furthermore, the judge ruled that the plaintiffs lacked the legal standing to file the case, as they failed to present the necessary letters of administration to the estate, required by law to prove their claim as administrators.

Justice Lifu also agreed with Salamed Ventures that the revocation of the Abacha property was lawful due to breaches in the occupancy agreement, specifically for constructing buildings without approved plans.

The judge dismissed the suit and ordered the Abacha family to pay Salamed Ventures N500,000 for litigation costs.