Court Blasts FCT Minister, FCTA For Demolition Of Abuja Businessman’s House, Despite Restraining Order
despite a subsisting restraining order as height of impunity.
The court also extended the interim order restraining the ( FCTA ) from trespassing on the property pending the determination of substantive suit.
At the resumed hearing of the case on Wednesday before Justice Charles Agbaza, the court granted the prayer contained in the application of Mr. Kpokpogri just as it extended the validity of the restraining order barring the FCTA access to the property to continue with the demolition.
The judge expressed dissatisfaction
over the unlawful action and conduct of the defendants for disobeying court order said that it will be out of place to allow the defendants to benefit from their unlawful conduct in carrying out the wish of the government.
Addressing journalists after the proceeding counsel to the plaintiff, Richard Ebie from Chief Mike Ozekhome SAN chamber said “ We came here today to the ruling in interlocutory injunction. We have earlier argued that injunction. When it was time for the hearing of the application they came to court to defend that injunction that the court cannot restrain a completed act . Our response is that you cannot rely on your own wrongdoing and misconduct to oppose the application.
“We brought before the court that this structure was in place before we filed the application but they went to demolish the structure completely after they were served“.
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Other respondents restrained by the court includes; Abuja Metropolitan Management Council ( 4th Defendant), Federal Housing Authority ( 5th Defendant), and the Attorney General of the Federation ( 6th Defendant).
The court therefore adjourned the matter to March 26, 2024 for hearing of the suit.
Recall that the court had on July 7, 2022 restrained the former Minister of FCT, Bello Mohammed, Federal Capital Territory Administration, and Federal Capital Development Administration from further demolition of the palatial structure in 2022.
The order was made following an ex parte application moved on behalf of Kpokpogri by his lawyer, Chief Mike Ozekhome SAN, on
The motion ex parte was brought pursuant to Order 43 Rule 3 of the FCT High Court (Civil Procedure) Rules 2018.
Justice Charles Agbaza, made an order of interim injunction restraining the defendants either by themselves, agents, officials, privies, all those purporting to have derived title from them or other persons howsoever called from trespassing on or further trespassing on, demolishing, or further demolishing the property known as Plots 203 and 204, 27 Road, Guzape District, Apo Estate, Abuja.
The property which is covered by letters of allocation issued by the Federal Housing Authority with Ref. No. FHA/BD/ES/APO/P.203 and Ref. No. FHA/BD/ES/APO/P.204 or from evicting the occupants of the said property or in any way interfering with the plaintiff’s exclusive right of possession of the said property pending the determination of the motion on notice.
