Property tussle: Court adjourns ex-NASS Clerk’s case to February 7
A Gudu Upper Area Court of the Federal Capital Territory (FCT) has adjourned till 7th February hearing in the suit against a former Clerk to the National Assembly, Alhaji Ataba Sani-Omolori by his siblings over the property of their late father.
Omolori was dragged before the Upper Area Court over the alleged inability to account for the family estate left behind by their father.
Two of his siblings, Nasir Sani-Omolori and Buhari Sani-Omolori, who are plaintiffs in the matter want the court to make Omolori account for the property.
The plaintiffs, through their counsel, A.I. Mariri, in the suit numbered, CV/114/2022l are praying the court invites the former NASS Clerk to account for the estate of their late father, Alhaji Muhammad Sani Omolori, who was a traditional ruler of Ebira land for 40 years.
They accused their brother, Alhaji Ataba Sani-Omolori (Respondent/Defendant) of selling off parts of the property in the Maitama, Katampe and Mabushi Districts of Abuja.
They are asking the court for equitable distribution of the property among all the 73 children of their late father.
At the proceeding on Monday, the Judge, Ado Mukhtar announced the new date for the hearing of the matter after adopting the preliminary objections and counter to the preliminary objection from the plaintiffs’ counsel.
Chris Okoye, counsel to Ataba Omolori had earlier insisted that the plaintiffs do not have the locus standi (Legal right) to file the suit, arguing that proper parties in the suit were not before the court.
But countering him in his arguments at the proceedings, counsel to the plaintiffs, Abdulahi Awwal Muhammed told the court that his clients did not err in filing the case, saying the court has the jurisdiction to also hear it.
“In Islamic law, you don’t talk about jurisdiction and as expected, the other party’s lawyer admitted that the court indeed has jurisdiction and now, the judge has fixed the 7th February for ruling in the matter”, Muhammed said.
They told the court, “That late Alhaji Muhammad Sani Omolori died leaving behind wives and 73 children out of which are the Applicants and the 2nd Respondent/Defendant (Alhaji Ataba Sani Omolori), who are also Muslims.