A High Court in the Federal Capital Territory (FCT) has granted a restraining order to stop the Nigerian Army, Ministry of Defence, and other defendants from forcibly taking over plots of land located at Maitama Extension, popularly known as Maitama Aliero, Abuja. The court restrained the defendants from trespassing on the land pending the determination of a subsisting case before it.
The landowners, under the Trustees of the Association of Plot Owners, Maitama Extension, approached the court to order the defendants and their agents from “committing further acts of trespass, forcibly developing, acquiring, taking over, meddling in or with, transferring, disposing of, speculating in respect of the properties of the claimants/applicants lying, being, situate at and known as and within Cadastral Zone A05, Maitama a.k.a Maitama Aliero.”
The defendants joined in the suit include President Muhammadu Buhari, Attorney General and Minister of Justice Abubakar Malami, Ministry of Defence, Minister of Defence Bashir Magashi, FCT Minister Musa Muhammad, and Federal Capital Territory Authority (FCDA).
The plaintiffs accused the Nigerian Army of violently demolishing structures and possessing plots of land in the area without any valid reason. On March 27, 2023, the court granted the restraining order after hearing the defendants’ affidavit in support of the motion paper attached with 13 exhibits, sworn by Dr. Angela Ekure, and written arguments by the counsel to the applicants, Williams Ataguba.
Justice U. P. Kekemeke of the FCT High Court granted the order of interlocutory injunction restraining the Ministry of Defence and Minister of Defence from further entry or committing further acts of trespass, forcibly developing, acquiring, taking over, meddling in or with, transferring, disposing of, or speculating in respect of the properties of the claimants/applicants lying within Cadastral Zone A05, Maitama a.k.a Maitama Aliero.
The court further granted an order of interlocutory injunction restraining the President, Ministry of Defence, and Minister of Defence from issuing any certificate of occupancy, development approvals, and permits over and/or in respect of the claimants/applicants’ properties lying within Cadastral Zone A05, Maitama a.k.a Maitama Aliero.
The court adjourned the case to June 20, 2023, for hearing. This ruling is a significant victory for the landowners in the Abuja area and could set a precedent for similar cases in the future.
