News

November 30, 2012

Minanuel Est. demolition: Court rejects interlocutory injunctions

By Emmanuel Elebeke

A Federal High Court, sitting in Zone 2, Abuja on yesterday rejected all interlocutory injunction submitted by all parties involved in the demolition of Minanuel Estate, Airport Road, Abuja Giving the order during the hearing, the presiding Judge, Justice Danlami Senchi said that the withdrawal became necessary to enable the court proceed on the merit of the matter.

He then ordered all the parties in the suit to maintain status quo by focusing attention on the substantive suit pending February 25 – 28, 2013, the next hearing date. The Judge also warned all the parties to avoid any act capable of hindering an accelerated hearing of the suit and requested that all the parties would use the available window provided to assemble all their witnesses before the next hearing date.

Counsel to the Federal Capital Territorial Administration (FCTA) Mr Joe Gazama, (SAN) had earlier challenge the c
ourt that it has no jurisdiction to entertain the matter and that the court should struck out the application of the plaintiff.

In the interlocutory injunction, Gazama had agued that the Abuja Municipal Area Council (AMAC) which the plaintiff claimed allocated the land in contention lacks the power to allocate such land except the Minister of the Federal Capital Territory Authority, FCTA.

He also prayed the court to give him time to enable them study the case and then plan for defence. In his own submission, counsel to the plaintiff, Mr. Femi Falana, also (SAN), vehemently opposed the application of the defending counsel and prayed the court to uphold their earlier prayer asking the court to prevent the FCDA authority from trespassing into the contentious land for further allocation.

He also urged the court to protect and preserve the properties in the estate pending the determination of the substantive suit. Speaking to the press shortly after the court, some residents of Jahi 1, a village led by the village
leader, Alhaji Adamu Dogo who were at the court to show solidarity to the plaintiff decried government’s action as insensitive and unfortunate.

The community leader said that Enginner Mbaka had done a lot to had improve their lives through the provision of transformer, electricity and other basic facilities and wondered what government had done to them (indigenes) to warrant the demolition of the estate that had benefited them so much.

The indigenes who accused government of taking their land without paying compensation called on the government to be considerate in taking actions that are capable of affecting peoples lives negatively and also should seek their opinion in matters that concern their land.

“We are owners of this land and since government started taking our land, they have never paid us compensation, We are dying and our children have no hope, If they take our farming lands, what do they want us to do. Now, government has turned on the people that are helping us to survive by destroying their properties illegally,’’ said Dogo. They are the one to give you allocation and later they will come and demolish your house. We are not happy about that.