Abuja property: Court dismisses Abacha family’s suit against FG 

A Federal High Court sitting in Abuja, Monday, dismissed a suit instituted against the federal government by the family of the late Head of State, General Sani Abacha.

The family is challenging the revocation of the property of the former military ruler located in the Maitama District of Abuja.

The Abacha family members are demanding for the return of their father’s mansions located at Osara Close in Maitama and N500 million compensation. 

The suit was filed by Mohammed Sani Abacha, the eldest surviving son of the former military ruler and the widow, Hajia Maryam Abacha on behalf of the executioners of the estate of the late military General. 

Listed as 1st to 4th Defendants in the suit are the Minister of the Federal Capital Territory (MFCT), Federal Capital Development Authority (FCDA), President, Federal Republic of Nigeria and Salamed Ventures Limited.

However, in a judgment on the case which has spanned nine years, Justice Peter Lifu on Monday dismissed the suit.

The Judge in his verdicts predicated the dismissal on various grounds among which are that the suit had become statute barred at the time it was filed in 2015 and that those who initiated the case have no locus standi (legal power) to do so. 

The new dismissal of the suit marked the fourth time the family would lose legal battles on the property in court having lost twice at the High Court of the Federal Capital Territory (FCT) and once at the Court of Appeal in Abuja on grounds of jurisdiction. 

Upon shifting the battle to Federal High Court, Abacha family among others, prayed the Court to nullify and set aside the revocation of the Certificate of Occupancy (C of O) of the property of the late General Abacha. 

While waiting for a new Certificate of Occupancy to be issued to them, plaintiffs asserted that Mohammed Abacha received a letter on February 3, 2006, notifying them that the Certificate of Occupancy had been revoked without any reason adduced in the letter.

In his judgment, Justice Lifu agreed with Onoja, SAN, that the cause of action arose on February 3, 2006 when the Certificate of Occupancy was revoked while the case was filed in May 2015, years after the revocation and far more than three months it ought to have been filed. 

The Judge held further that the plaintiffs lacked locus standi to file the case upon their failure to present as exhibits, their letters of administration to the Estate as required by law and as proof of their claim as the Administrators. 

The Judge then dismissed the suit and ordered the Abacha family to pay Salamed Ventures N500, 000 as cost of litigation.