The family of the late military Head of State, Gen. Sani Abacha, has gone before the Court of Appeal in Abuja to challenge the high court judgment affirming the revocation of their property by the Federal Government.
Justice Peter Lifu of the Federal High Court in Abuja had on Monday dismissed the family’s lawsuit challenging the revocation of their property located in the Maitama District of Abuja.
Abacha’s wife, Hajia Mariam Abacha, and son, Mohammed Abacha, who are the plaintiffs in the suit, had contended that it was wrong for the Federal Government to revoke the property and sell it to a private company, Salamed Ventures Limited, without their knowledge or compensation.
They urged the court to order the President and the Minister of the Federal Capital Territory, who are defendants in the suit, to return the property to them.
However, in his judgment on Monday, Justice Lifu said the suit was statute-barred at the time it was filed in 2015, adding that the plaintiffs had no locus standi to initiate the court action.
Dissatisfied, however, the family has, through their lawyer, Reuben Atabo (SAN), proceeded to the Court of Appeal, seeking to overturn the lower court’s judgment.
In the Notice of Appeal, containing 11 grounds, the Abacha family prayed the appellate court to invoke Section 15 of the Court of Appeal Act to take over the legal battle as a court of first instance and do justice to the matter.
The family contended that Justice Lifu erred in law when he relied on Section 39 of the Land Use Act to hold that the Federal High Court has no jurisdiction under the Land Use Act to recover land, contrary to the decision of the Court of Appeal which held that the proper court to handle such case is the Federal High Court.
“By Section 6 of the 1999 Constitution, judicial powers are vested in our courts and it is the duty of courts to determine disputes between individuals and government or government agencies. Where a party to a proceeding transfers title to the property in a dispute, such attitude is an affront to the authority of our courts and the same will not be condoned
“The trial judge of the lower court erred in law when he held that the revocation of the appellants’ title to Plot 3119 Maitama, Abuja, was valid even when the purported revocation was not carried out following Section 28 of the land,” the family said.
The court has yet to fix a date for the hearing.
