Alleged Illegal Demolition: FCT Minister, FHA Seek Dismissal Of Kpokpogri’s Suit
A High Court of the Federal Capital Territory, FCT, sitting at Maitama, on Monday, fixed October 12 to hear a preliminary objection from the Minister of the Federal Capital Territory, FCT, Muhammad Bello filed to dismiss a suit challenging his alleged illegal demolition of the residence of Abuja socialite, Prince Joseph Kpokpogri.
The Minister, alongside the Federal Housing Authority, FHA, through their lawyer, Mubarak Adekilekan, maintained that the court was bereft of the jurisdiction to entertain the suit.
The defendants contended that the suit was filed “by a lawyer not known to law”.
According to them, whereas Mike A. A. Ozekhome was the name on the seal of the Nigerian Bar Association, NBA, that was affixed on all the court processes, a search at the Supreme Court disclosed that such a name does not exist in the nominal roll of lawyers.
Besides, the defendants, contended that the plaintiff, Kpokpogri, whose house was demolished, failed to disclose any reasonable cause of action to warrant the exercise of the court’s discretion in his favour.
Consequently, they prayed to the court to dismiss the suit.
However, counsel for the plaintiff, Benson Igbanoi, noted that the suit was originally fixed for the court to hear a motion his client filed for interlocutory injunctions against the defendants.
Igbanoi said he was surprised that though the defendants filed the objection on August 12, they waited till last Friday to serve the same on his client.
While accusing the defendants of deliberately frustrating the hearing of the suit, the plaintiff’s lawyer, urged the court to proceed with the business of the day.
In a short ruling, Justice Charles Agbaza held that once a preliminary objection is raised to challenge the jurisdiction of the court, such motion must be heard and determined first before any further step could be taken in the matter.
He, therefore, adjourned to hear the preliminary objection.
It will be recalled that the court had on July 15, extended its order that restrained the FCT Minister from completely demolishing Kpokpogri’s residence.
The injunctive order followed an ex-parte application of the plaintiff who is a former lover of popular Nollywood actress, Tonto Dikeh, filed through his team of lawyers led by Mike Ozekhome, SAN.
Justice Agbaza held that the order would subsist until the hearing and determination of the suit before the court.
Ozekhome, SAN, had told the court that some persons from the Federal Capital Development Authority, FCDA, had on May 14, invaded his client’s residence, “accompanied by a multitude of heavily armed policemen and bulldozers and excavators”, and commenced the demolition of his house, beginning with the boys quarters.
He told the court that agents of the FCDA threatened to return for total demolition of Kpokpogri’s house, even though they failed to give any reason for their action.
Ozekhome, SAN, begged the court to intervene in the matter, in the interest of justice.
Aside from the FCT Minister, other defendants in the suit are the Federal Capital Territory Administration and the Federal Capital Development Authority, Abuja Metropolitan Management Council, FHA, and the Attorney General of the Federation.
Specifically, the court issued 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, Gusape District, Apo Estate, Abuja, 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.
Kpokpogri, is among other things, praying for the court to order the defendants to pay him aggravated and general damages to the tune of N2 billion.
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