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A High Court of the Federal Capital Territory (FCT) in Maitama, Abuja has rejected a request by the daughter of ex-President Umaru Musa Yar’ Adua (now late), Zainab for a restraining order against the Minister of the Federal Capital Territory (FCT) and three others.
Zainab’s lawyer, Sebastine Hon (SAN), had filed an application for an injunctive order to stop the FCT Minister and other defendants, in a pending suit, from taking any further actions on the land being dispute by her and two of the defendants.
Acting through a firm, Marumza Estate Development Company Limited, Zainab, who was once the wife to former Kebbi Governor, Saidu Dakingari, is claiming ownership of Plot 506, Cadastral Zone B09, Kado District, Abuja.
The substantive suit, marked: CV/1270/2021 is challenging an earlier revocation of the allocation of the land by the Federal Capital Development Authority (FCDA), which claimed to have found, among others, that the Irrevocable Power of Attorney used to procure the land through alleged donation was purportedly forged.
At the last mention of the case, plaintiff’s lawyer attempted to move the application for injunctive orders by Justice Olukayode Adeniyi expressed his unwillingness to hear it, saying he would rather proceed to hear the substantive case rather than waste time dealing with interlocutory applications.
Justice Adeniyi proceeded to order parties to maintain status quo pending the determination of the substantive suit.
He equally ordered an accelerated hearing and adjourned it’s definite hearing till October 12, 13 and 15, 2021.
Sued as defendants in the suit filed in the name of Marumza Estate Development Company Limited, are Itban Global Resources Limited, Halliru Saad Malami, the Minister of the FCT and the FCDA).
The plaintiff stated, in court documents that the plot of land was donated to her through an Irrevocable Power of Attorney executed at the Federal Capital Development Authority FCDA by Itban Global Resources Limited through a purchase.
It urged the court to order the 1st defendant, Itban Global, that had allegedly given an “irrevocable power of attorney” over the disputed property to surrender the land to her firm.
The plaintiff added that having been issued with irrevocable power of attorney on the plot of land, Itban Global had transferred its interest in the land to her own company, Marumza Estate Development Company Limited.
It urged the court to make an order compelling Itban Global and its directors including Malami, to executive within 72 hours of the delivery of judgment on the matter, a “Deed of Assignment in favour of her company.
The plaintiff, which seeks N500million compensation, wants the court, to among others, order the FCT Minister and the FCDA, to do all that is necessary to vest the legal ownership of the disputed property in her within 30 days from the delivery of the verdict.
Malami and Itban Global filed a counter-affidavit through their lawyer, Remi Olatubora (SAN) in which they faulted the plaintiff’s claim, and accused it of using one Sani Rabo and others as “fronts,” unlawfully procuring documents relating to the disputed property in their names.
Malami and Itban Global claimed that two Senior Advocates of Nigeria, Joseph Bodunde Daoudu and Rickey Tarfa earlier engaged by the plaintiff, later withdrew from the case.
Claiming that the land was allocated to them on June 5, 2009 upon payment of all mandatory fees, Malami and Itban Global stated that the land was not developed because it was in the bush then.
They claimed that the Alternative Dispute Resolution (ADR) mechanism employed by FCDA resolved the matter in their favour, which made the FCDA to void the purported power of attorney that fraudulently transfer the land to Ms Zainab.
In their 72- paragraph affidavit, Malami and Itban Global described the plaintiff as a sham having been allegedly registered in gross violation of Company And Allied Matters CAMA laws at the Corporate Affairs Commission (CAC).
