Property dispute: Court adjourns suit against Iyabo Obasanjo, others

The Federal High Court in Abuja, yesterday, fixed November 6 to hear a suit filed against Senator Iyabo Obasanjo and others in an Abuja property dispute.

Justice Mohammed Umar fixed the date after counsel for the plaintiffs, Abniyilo Na’allah, sought an adjournment following inability to serve the defendants in the suit.

Upon resumed hearing, only Na’allah was in court and no lawyer appeared for the defence.

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Na’allah then informed the court that they were yet to do the needful in the matter and he sought an adjournment to put their house in order.

Justice Umar adjourned the matter until November 6 for hearing.

The plaintiffs, ABB Electrical Systems Limited and  Yohana Margif, had dragged Obasanjo and other co-defendants to court in a dispute over a landed property.

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The property is located at Plot 4254, Cadastral Zone A04, measuring approximately 1.67Ha in Asokoro District, FCT, Abuja.

Other defendants in the suit are the former senator representing the FCT, Philip Aduda; Ismail Iron; John Mbata; Jamaila Sani Alhassan; Altine Jibrin, and unknown persons as 2nd to 7th defendants respectively.

The case is before Justice Inyang Ekwo.

Justice Ekwo had, on Jan. 28, refused to grant the ex-parte motion filed by the plaintiffs after it was moved by Na’allah.

The applicants had sought an order of interim injunction restraining the defendants/respondents from entering, trespassing, altering or modifying the property known as Plot 4254, Cadastral Zone A04, measuring approximately 1.67Ha, Asokoro, Asokoro District FCT-Abuja belonging to the plaintiffs pending the hearing and determination of the suit.

The judge, instead, directed the plaintiffs to put the defendants on notice in order to hear from them why the prayer should not be granted.

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The plaintiffs had filed the motion marked: FHC/ABJ/CS/67/2025 dated Jan. 13 but filed Jan. 17 by Na’allah.

In their six-ground argument, the applicants said they were agitated with the fear of the defendants trespassing, altering the property belonging to them.

They said they were the rightful owners of the land by virtue of the statutory Right of Occupancy granted to them.

“That the plaintiffs/applicants have been in quiet and peaceful possession of the land without any challenge from the defendants/respondents or anyone at all.

“It will cause serious miscarriage of justice against the plaintiffs/applicants if the defendants/respondents are allowed to tamper with, enter, trespass, alter or modify the property belonging to the plaintiffs.

“Allowing the defendants/respondents to tamper with, enter, trespass, alter or modify the property belonging to the plaintiffs will destroy the res and render the judgment of this court nugatory,” they said.

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The applicants said irreparable damage would be caused to them if the defendants were not restrained.

Margif, in the affidavit he deposed to, said the company (1st plaintiff) was allocated the parcel of land by the Federal Capital Development Administration (FCDA) covered by a Statutory Right of Occupancy with a new issued date of May 23, 2006.

He said the company intended to start developing the said land in compliance with terms contained in the statutory Right of Occupancy and other guiding rules and laws within the FCT.

He alleged that the recent activities of the defendants, including Sen. Obasanjo, who represented Ogun Central Senatorial District between 2007 and 2011, had become worrisome.

Margif prayed the court to grant their application in the interest of justice.

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