A Federal High Court in Abuja on Tuesday directed Senator Iyabo Obasanjo, eldest daughter of former President Olusegun Obasanjo, to appear before the court to explain why she should not be restrained from trespassing on a parcel of land in Abuja.
The property, located at Plot 4254, Cadastral Zone A04 in the Asokoro District of the Federal Capital Territory (FCT), spans approximately 1.67 hectares.
Justice Inyang Ekwo, in a ruling on an ex-parte motion filed by the plaintiffs’ counsel, Abniyilo Na’allah, also ordered former FCT Senator Philip Aduda and five other defendants to appear before the court on the next adjourned date.
Read also: Mbah signs land use regulation to bring clarity into property transactions
Other defendants listed in the ex-parte motion, marked FHC/ABJ/CS/67/2025, include Ismail Iron, John Mbata, Jamaila Sani Alhassan, Altine Jibrin, and unidentified persons as the 3rd to 7th defendants respectively.
“A motion ex-parte for an interim injunction dated January 13, 2025, and filed on January 17, 2025, has been moved.
“Having reviewed the prayers and the supporting averments in the motion ex-parte, along with the affidavit of urgency, I find that the prayers cannot be granted without hearing from the defendants.
“I, therefore, order the plaintiffs/applicants to notify the defendants within seven days of this ruling, requiring them to appear and show cause why the prayers sought should not be granted,” Justice Ekwo ruled.
However, the judge granted a separate prayer in a second ex-parte motion by Na’allah, allowing substituted service of all originating processes and court documents on the defendants through publication in two national newspapers.
The plaintiffs, ABB Electrical Systems Limited and Chief Amb. Yohana Y.D. Margif, acting as the 1st and 2nd applicants in a motion dated January 13 and filed January 17 by their counsel, Abniyilo Na’allah, sought an interim injunction to restrain the defendants from interfering with a property located at Plot 4254, Cadastral Zone A04, Asokoro District, Abuja, measuring approximately 1.67 hectares.
Na’allah submitted that the defendants’ identities and occupations were unknown at the time of filing the substantive suit. He alleged that the defendants were frequently seen on the disputed property, making personal service of court processes nearly impossible and likely to cause unnecessary delays. He urged the court to permit substituted service through publication.
Justice Inyang Ekwo granted the request, ordering the plaintiffs to serve all court processes on the defendants within seven days through publication in two national newspapers. The matter was adjourned until March 6 for the defendants to appear and show cause why the interim injunction should not be granted.
The plaintiffs alleged that the defendants, including former Senator Iyabo Obasanjo, who represented Ogun Central Senatorial District from 2007 to 2011, had made threats to forcibly take possession of the land. The property had been allocated to ABB Electrical Systems Limited by the Federal Capital Development Authority (FCDA) under a Statutory Right of Occupancy dated May 23, 2006.
Read also: How to acquire & secure your title to landed property in Nigeria
The plaintiffs emphasized that they had been in peaceful possession of the land without interference until the recent threats. They warned that allowing the defendants to trespass, alter, or modify the property would cause irreparable damage and undermine any future judgment by the court.
“It would be a miscarriage of justice if the defendants are permitted to tamper with the property. Such actions would destroy the subject matter of the dispute and render the court’s judgment ineffectual,” the plaintiffs argued in their six-point submission.
Margif further stated that the company intended to commence development of the land in line with the terms outlined in the Statutory Right of Occupancy and other regulations governing land use within the FCT. He expressed concern over the recent activities of the defendants, particularly Senator Obasanjo, describing them as troubling.
He urged the court to grant their application in the interest of justice.
Join BusinessDay whatsapp Channel, to stay up to date
Open In Whatsapp
