A Federal High Court in Abuja on Tuesday, ordered Sen. Iyabo Obasanjo, the eldest daughter of former President Olusegun Obasanjo, to appear in court to show cause why she should not be stopped from trespassing into an Abuja landed property.
The News Agency of Nigeria (NAN) reports that the property is located at Plot 4254, Cadastral Zone A04, measuring approximately 1.67Ha in Asokoro District, FCT, Abuja.
Justice Inyang Ekwo, in a ruling on an ex-parte motion moved by counsel to the plaintiffs, Abniyilo Na’allah; also ordered the former Senator representing the FCT, Philip Aduda, and five other co-defendants to appear before the court in the next adjourned date.
Other defendants named in the ex-parte motion marked: FHC/ABJ/CS/67/202 include Ismail Iron, John Mbata, Jamaila Sani Alhassan, Altine Jibrin, and unknown persons as 3rd to 7th defendants respectfully.
“A motion ex-parte for an order for interim injunction dated 13th January, 2025 and field 17th January, 2925, is moved.
“Upon studying the prayers and averments in support of the motion ex-parte and the averments in the affidavit of urgency, I am of the opinion that the prayers are not such that can be granted without hearing from the defendants.
“I hereby make an order that the plaintiffs/applicants should put the defendants on notice within seven days of this order and the defendants to show cause why the prayers sought should not be grated,” Justice Ekwo ruled.
However, the judge granted the prayer in the second ex-parte motion equally moved by Na’allah seeking for an order of substituted service of all the originating processes and other court documents on the defendants through publication in two national dailies.
Earlier, the lawyer submitted that the defendants/respondents’ addresses and occupation were not known to them at the time of filing the substantive suit which is pending before thie court.
He alleged that the defendants/respondents are always seen on Plot 4254, Cadastral Zone A04 at Asokoro in Asokoro District of Abuja.
He said services of the originating processes and all other court processes on the defendants/respondents would become very difficult and impossible since there addresses were not known to them.
The lawyer said it would occasion unnecessary delay to effect service personally on the defendants/respondents, urging the court to grant their relief.
Justice Ekwo, who directed the plaintiffs to effect the service of the processes on the defendants within seven days of the order through publication, adjourned the matter until March 6 for defendants to show cause why the interim.order should not be granted.
NAN reports that the plaintiffs; ABB Electrical Systems Limited and Chief Amb. Yohana Y.D. Margif are 1st and 2nd plaintiffs or applicants in the motion dated Jan. 13 but filed Jan. 17 by Na’allah.
The applicants 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
In their six-ground argument, the applicants said they were agitated with the fear of the defendants entering, trespassing, altering or modifying the property belonging to them given the alleged imminent threat made by the defendants on the land to forcefully take possession and ownership from them.
They said they are 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 occasion 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.
The applicants said irreparable damage would be caused to them if the defendants were not restrained.
Chief Margif, in the affidavit he deposed to, said the company (1st plaintiff) was allocated the parcel of land by the Federal Capital Development Adminstration (FCDA) covered by a Statutory Right of Occupancy with new issued date of May 23, 2006.
He said the company intended to start developing the said land in compliance with terms contained on 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.
