By Milcah Tanimu
A Federal High Court in Abuja has dismissed a suit filed by the family of the late Head of State, General Sani Abacha, challenging the revocation of his property in Abuja’s Maitama District. The Abacha family sought the return of the property and N500 million in compensation.
Justice Peter Lifu dismissed the case, which was filed nine years ago, on several grounds, including that the suit was statute-barred when filed in 2015 and that the plaintiffs lacked the legal standing to initiate the case.
The suit was brought by Mohammed Sani Abacha, the eldest surviving son of General Abacha, and his widow, Hajia Maryam Abacha, on behalf of the estate’s executors. They named the Minister of the Federal Capital Territory (MFCT), Federal Capital Development Authority (FCDA), President of the Federal Republic of Nigeria, and Salamed Ventures Limited as defendants.
This dismissal marks the fourth legal defeat for the Abacha family concerning the property, following losses at the High Court of the Federal Capital Territory (FCT) and the Court of Appeal in Abuja on jurisdictional grounds.
The Abacha family claimed that the Certificate of Occupancy (C of O) for the property, issued on June 25, 1993, was unlawfully revoked on January 16, 2006. They asserted that no reason was provided for the revocation, and no adequate compensation was paid.
In response, the defendants argued for the suit’s dismissal, citing that it was filed long after the legal time limit. Salamed Ventures Limited’s counsel, James Ogwu Onoja SAN, argued that the suit was statute-barred under the Public Officers Protection Act, rendering it an academic exercise.
Justice Lifu concurred, noting that the cause of action arose in February 2006, but the case was filed in May 2015, well beyond the three-month limit. Additionally, the plaintiffs failed to provide letters of administration as required by law to prove their claim as estate administrators.
The judge also found that the property was lawfully revoked due to breaches in the Right of Occupancy covenants, such as constructing structures without approved building plans.
The court dismissed the suit and ordered the Abacha family to pay Salamed Ventures N500,000 for litigation costs.