The media is awash with the news of how the federal government, under the administration of President Olusegun Obasanjo, revoked a landed property in the Maitama District of Abuja belonging to the family of the late head of state, General Sani Abacha.
While the revocation occurred in February 2006 when Nasir El-Rufai was the Minister of the Federal Capital Territory (FCT), the approval was given in 1993 – while Mr Abacha was still the country’s leader.
It was exclusively gathered that Mr El-Rufai’s action was targeted at irking the Abacha family, which spite him, in any way under the directives of Mr Obasanjo.
The former president ordered the revocation for the purpose of harming the Abacha family. It was obvious that the revocation was not in the public interest.
To further worsen the matter, Senator Bala Abdulkadir Mohammed, on May 25, 2011, as then Minister of FCT, issued a Certificate of Occupancy (C-of-O) in favour of a company, Salamed Ventures, even though the case was before a court of law.
Salamed Ventures Limited was said to have acquired the property at $1.3 million while the matter was pending at the Court of Appeal. Since then, the family and the authorities concerned have locked horns in a fierce legal battle.
It is clear that from the revocation letter, revocation is not in contravention of any law of the Federal Capital Territory or the Land Use Act; neither was it done in the public interest nor carried out in violation of the rules and regulations.
The findings of this paper showed that there was no semblance of legal justification for the action of this revocation.
The Abacha family has been fighting tooth and nail to keep their property, which was lawfully acquired. Mohammed Abacha and Maryam Abacha, acting as administrators of the estate in the suit, approached a High Court in February 2006 under Justice I.M Bukar.
On June 30, 2009, Justice I.M Bukar delivered his judgement by striking the suit. He held that the court doesn’t have jurisdiction to entertain the matter, and the appropriate court to try the case is the Federal High Court of Nigeria.
The plaintiffs in the case, Mohammed Sani Abacha and Maryam Sani Abacha, then appealed to the Court of Appeal in Abuja on the same matter, citing an infringement on their rights.
Subsequently, the Appeal Court, on May 18, 2015, affirmed the trial court’s judgement by striking out the suit.
The plaintiffs/ appellants thereafter instituted this present action on May 25, 2015, in accordance with the judgement of the Court of Appeal.
Mr Abacha informed this paper that the property was fully developed before the death of the late General Abacha.
Fast forward to this year, the lingering case was argued before Justice Peter Lifu of the Federal High Court and on July 19, 2024, he delivered his judgement dismissing the claims of Mr and Mrs Abacha.
Justice Lifu ruled that the Abacha family lacked the locus standi to file the suit challenging the revocation of its property in Maitama District and demanding N500 million in compensation.
However, the family has since filed an appeal against the judgment. The counsel to the family, Reuben Atabo (SAN), said the trial court erred on 11 grounds in dismissing their suit.
Mr Atabo informed this paper that they will be filing additional grounds to appeal the case.
The appeal joined President Bola Tinubu, Minister of the FCT, the Federal Capital Development Authority (FCDA), and Salamed Ventures Ltd.
The demand is for the appellate court to set aside the sale and transfer of the title to Plot 3119, Maitama, Abuja, measuring three hectares of land, to Salamed Ventures Ltd on February 25, 2011.
In the lawsuit, the Abacha family is also praying the court set aside the judgment of Justice Lifu of the Abuja Division of the Federal High Court, which, on July 19, 2024, dismissed their suit on the property.
The family is also praying the appellate court to invoke section 15 of the Court of Appeal Act to take over their legal battle as a court of first instance and do justice to the matter.
But, according to an Abuja-based lawyer, Abdulsalam Nasiru, the plaintiffs have the opportunity to present their case at the Abuja Division of the Federal High Court as ordered by the Court of Appeal.
Mr Nasiru said it was wrong for the government to sell the land while the matter is pending in the court. “This decision is a lack of respect for the rule of law. Whatever made the former governor of Kaduna State, while as FCT minister, to set this precedent would surely not augur well for Nigeria.
“On one side of the argument, the action is sowing the seeds of humiliating the former president’s family now that their patriarch is no more. And on the other hand, the action showed blatant disrespect to The Land Use Act, which the family followed to acquire the landed property.
“There is no doubt that the landed property in question was applied for allocation in the early 90’s by the Late Head of State. The application was approved on Plot No 3199, Maitama, Abuja and was allocated by the then Minister of the Federal Capital Territory.
“It was after obtaining necessary approval for setting up architectural, mechanical, structural and electrical designs, the Late General developed the property, prior to his death on 8th June 1998,” he said.
Why the federal government get it wrong?
As for Said Akintade Shittu, a public affairs analyst: “There may be some indications that former FCT ministers Nasir El-rufai and Bala Mohammed have an axe to grind with the family of General Sani Abacha. This notwithstanding, the government has absolutely got it wrong.
“First, one can blame Sani Abacha for some misdoing as all the other past presidents, but there is no denying the fact that he was a former president of this country. And there is legality in the way the land in dispute was acquired.
“Second, whoever advised El-rufai and Bala Mohammed to sell the landed property after its revocation, even though the landed property is being disputed before a court of law, is wrong, too.
“While El-rufai is an ex-governor, Bala Mohammed is the serving governor of Bauchi State. Nobody will wish the same fate on their family.
“There is no need to rush the action. Until court processes are exhausted, any action taken on the disputed landed property may look personal. I believe many Nigerians are observing the trend and feeling some urge to judge.
“Also, the federal government has a duty not only to investigate the matter thoroughly but also to come clean of the issue. Happenings in Nigeria have shown that President Bola Ahmed Tinubu has an enormous respect for the rule of law.
“Therefore, it is advisable that the president set a committee to look into the land dispute involving the Abacha family and the two past ministers of the FCT and allow justice to take its course. Only this can save him from blame.”
