Smiles For 400 Allottees As Police Enforce Appeal Court Judgment Reinstating Titles

BY EDMOND ODOK – It was all smiles for members of the “Incorporated Trustees of Apo XK Extension Residents Association” as the Federal Capital Territory (FCT) Police Command on Thursday, September 29, 2022, enforced the Court of Appeal judgment that reinstated their titles to over 400 plots of land in Abuja, the nation’s capital

About 20 policemen despatched by FCT Commissioner of Police, Mr Babaji Sunday accompanied a group of seven bailiffs from the FCT High Court to serve the Court of Appeal enrolment order and the High Court’s Warrant for Possession or the Writ of Possession to the current occupants of the land.

In carrying out the order, the bailiffs also pasted the Court documents evicting current occupants at the estate’s gate as well as on every nook and cranny of their premises.

On 18th May 2017, the Court of Appeal sitting in Abuja set aside the decision of the FCT High Court and declared the re-allocations of over 400 plots of land that constitute the Apo XK Lay-out by the Minister of the Federal Capital Territory (FCT) and Federal Capital Development Authority (FCDA) to ENL Consortium Limited and Federal Housing Authority (FHA) as illegal, null and void.

In the unanimous judgment delivered by Justices Mohammed Mustapha, Emmanuel Akomaye Agim, and Tani Yusuf Hassan on May 18, 2017, the Court ordered the FCT Minister, FCDA, and ENL Consortium Limited to immediately halt the acts of trespass and to remove all machinery or personnel from the plots of land situated within XK Layout, Apo District which belongs to the appellants.

The lead judgment read by Justice Mustapha said; “having resolved all the issues that call for determination in this appeal against the respondents, this appeal succeeds and it is allowed, the judgment of the trial court is hereby set aside.”

By the original plan, the Apo (XK) Extension Annex Layout was designed by the FCDA, and C-of–O was issued to would-be residents in 1995. But by April 2009, the FCT Minister and FCDA began the demolition of buildings that were at various stages of development without giving reasons for so doing or giving any compensation.

Faced with the threat of losing their hard-earned money, the victims formed an association and consequently filed a motion ex-parte dated May 27, 2009, before the FCT High Court seeking an interlocutory injunction to restrain FCT Minister, FCDA, Abuja Municipal Council (AMAC), Abuja Metropolitan Management and Development Control Department as 1st to 5th defendants, from further demolition.

On July 31, 2009, Justice O.O.Goodluck gave an order restraining the defendants from trespassing, encroaching on, or interfering with plots XK Apo Extension Layout Annex, pending the determination of the substantive suit.

However, in clear disobedience to the existing Court order, the then FCT Minister, now Senator Adamu Aliero, on October 5, 2009, authorize the FCDA to allocate the over 200 plots covering 78 hectares that makeup XK Apo Extension Layout Annex to the Federal Housing Authority (FHA)

Subsequently, FHA gave out the over 400 plots to one ENL Consortium Limited, owned by former Osun state deputy Governor, Clement Adesuyi Haastrup. Fast forward, the FHA, FCDA, and FCT jointly disobeyed the court restraining order even as the ENL Consortium went ahead to be building estate houses on the plots.

Delivering judgment on the matter on May 27, 2011, Justice O.O. Goodluck of the FCT High Court dismissed the suit and held that each allottee claiming occupation and allocation must establish their legal right on their plots.

However, the trial judge declared the title of the 5th respondent, Dr Tumala on the plot he owed as valid, and awarded damages of N1 million also in his favour alone, against the ENL Consortium Limited, FHA, FCDA, and FCT Minister.

Dissatisfied with the ruling, both the “Incorporated Trustees of Apo XK Extension Residents Association” filed an appeal with No. CA/A/462/2011 dated June 20, 2011, and listed FCT Minister, FCDA, FHA, ENL Consortium Limited, and Dr Tumala Muhammed Musa as 1st to 5th respondents respectively.

The appellants prayed the Appeal Court to declare that they are the lawful allottees or occupants of the parcel of land known as “Apo XK Layout” situated within the FCT.

furthermore, they asked the appellate court to hold that the trial judge err in law when he said that “in praying for declaration of the title or lawful occupation, each allottee is a necessary party” thereby occasioning a miscarriage of justice.

The Appeal Court had held that the purported revocations of the titles of the plaintiffs to the land in dispute is illegal, and therefore void and ordered the FHA or their agents to abate the acts of trespass and remove all personnel or machinery from the land. It also awarded N2 billion damages in favour of the appellants.

On June 6, 2018, the Supreme Court, in the Chamber’s ruling by Justices Olabode Rhodes-Vivour, Mary Ukaego Peter-Odili, John Inyang Okoro, Chima Centus Nweze and Sidi Dauda Bage, struck out the ENL Consortium Limited appeal No. SC.9/2018.

Justice Rhodes-Vivour, who read the lead judgment, simply said; “Appeal struck out”, perhaps for wants of diligent prosecution.

Similarly, the FHA had also on June 6, 2018, applied to the Supreme Court requesting an extension of time seeking leave to ‘appeal against the judgment of the Court of Appeal’

They urged the apex court to “grant application for staying execution of the judgment of the Court of Appeal delivered on May 17, 2011, pending the determination of the application or where the application is successful, pending the determination of the appeal arising from the application”

However, the FHA had with regard to their application/appeal No. SC.613/2018 on March 1, 2022, applied for withdrawal of its application, and hence was struck out.

In the lead judgment delivered by the current Chief Justice of Nigeria, Justice Olu Ariwoola, the apex Court held that; “Upon reading the application herein and the affidavit of Onyebu Josephine Iheko sworn to and filed on the 29th June 2018 and after hearing M.S.Agwu Esq., of counsel for the Appellant; Valentine Offia Esq., of counsel Respondent; A.M. Umar Esq.; of counsel for the 2nd Respondent; S.I. Ameh (GodwinOgboji Esq, with him)of counsel for the 3rd Respondent; Adebayo Adedeji Esq.; of counsel for the 4th and 5th Respondents; B.J. Akomolafe Esq.; of counsel for the 7th Respondent.

‘’It is ordered; that application filed on the 29th day of June 2018 having been withdrawn is hereby struck out’’, Justice Ariwoola held.

But at the time of filing this report, it was gathered that after the policemen and the court bailiffs left the premises, the ENL Consortium and FHA officials mobilized over 50 touts with machetes and other dangerous weapons to chase original allottees out of the premises.