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From: Godwin Tsa, Abuja
Suspected hoodlums have vandalised and looted property estimated at several millions of naira at a property situated at Plot 481 Gbazango Extension, Kubwa, Federal Capital Territory (FCT), Abuja.
A victim, Nonso Johnpaul Egbuna, lamented his losses as the suspected hoodlums unleashed mayhem and destroyed his property, including car and other valuables.
While the police authorities have made some arrests, the victim pointed accusing fingers to one Martin Okoh, whom he allegedly masterminded the destruction of his property. The allegation has since been denied by Okoh, who claimed he had no knowledge of the incident.
The vandalised property is a subject of litigation between Nonso Egbuna and Mrs. Bose Rosaline Okoh, with both claiming ownership of the disputed property.
Although, Nonso, who claimed to have developed and taken possession of the property for 14 years, after acquiring same from Mrs. Hafsat Kusamotu, Mrs. Bose Rosaline Okoh, on her part, is holding unto a judgment of the High Court of the Federal Capital Territory, to claim ownership of same.
The said judgment in reference was in respect of suit No: FCT/HC/CV/5672/2011, between Mrs. Bose Roseline Okoh and Mrs. Hafsat Kusamotu and Bwari Area Council. But in the said judgment dated July 4, 2018, Justice U.A. Musale ruled that “this court cannot rule that the plaintiff is the title holder of plots 481 and 482, having ruled that Bwari Area Council gave/allocated what it did not have power/authority to grant.
In addition, the judge held, “this court cannot also rule that the plaintiff is entitled to Right of Occupancy in respect of plots 481 and 482, as that will amount to tampering with the authority given to the Minister of the Federal Capital Territory (FCT), whose procedure is to grant right of occupancy.”
Regardless, Egbuna, who has been in possession of the property for over 14 years, and whose property were vandalised, said the above judgment in reference was fraudulently obtained and has since filed a writ of summons marked FCT/HC/CV/432/2019, through his lawyer, Gideon Iorver, to set it aside.
At present, the matter is currently the subject of litigation before Court 8 of the High Court of the Federal Capital Territory Abuja in Suit No. FCT/HC/CV/432/2019.
In addition to the above, counsel to Egbuna had, in a letter to the Director, Department of State Security Service (DSS), FCT Command, dated June 5, 2023, explained the state of affairs with regards to the disputed property.
The letter reads in part: “Sometime in 2018, our client became aware that judgment has been gotten by one Bose Rosaline Okoh, in respect of the property, when the said judgment was pasted on the gate to his property, thereof. A copy of the said judgment with Suit No. FCT/HC/CV/5672/2011.
“Our client immediately contacted the wife of the late Taofeek A. Kusamotu, who asserted strongly that the land sold to our client was genuine and upon studying the judgment, it was discovered that the judgment was obtained by fraud, thereof.
By the High Court of the Federal Capital Territory, Abuja Civil Procedure Rules, 2018, where judgment is obtained by fraud, a party can, by way of Writ of Summons, apply to the court to set aside the said judgment.
Sequel to subparagraph (d) above, Writ of Summons was filed via the only surviving wife of Taofeek A. Kusamotu as the Plaintiff, therefore to set aside the judgment in suit (annexure NE1), in Suit No. FCT/HC/CV/432/2019. The said suit is presently before Court 8 of the High Court of FCT sitting in Jabi. A copy of the said judgment with Suit No. FCT/HC/CV/432/2019.
It is opposite to state here that Bose Rosaline Okoh and Mrs. Hafsat Kusamuta (the first and second Defendants) on record in Suit No. FCT/HC/CV/432/2019, could not be served personally, hence, application was made to the court to serve them by substituted means, and the said application was granted.
Since the grant of the said application, Bose Rosaline Okoh and Mrs. Hafsat Kusamuta (the first and second defendants) have consistently and persistently been served via substituted means as ordered by the court.
While the suit is pending, the fourth defendant, one Ashirat T. Zagbayi, who is also claiming interest in the land, applied via Motion on Notice with Motion No. M/1557/2021 to be joined to the suit with the Honourable Minister of the Federal Capital Territory and the Federal Capital Development Authority, and the application was granted, thus, joining them to the suit as the fourth, fifth and sixth defendants, respectively.
Before then, Egbuna had, in a letter of complaint addressed to the divisional police headquarters, Kubwa, accused one Martins Okoh of acts of intimidation, trespass, harassment and threat of forceful take over of his property.
In the said letter, he stated that: “I am the owner of the property situated at Plot No. 481, Gbazango Extension, Kubwa, Abuja – FCT. I built and have been living in the property for the past 14 years.
I acquired the property from one Taofeek A. Kusamotu, (who is now late) developed it and has been in possession of the same for more than 14 years now.
Sometime in 2018, one Martins Okoh came with some police officers and some boys and attempted to forcefully evict my tenants and I from the property, on the pretext that he has gotten a judgment in his favour in respect of the property. I refused to allow him take possession of the property, and immediately applied and got a copy of the said judgment in suit No. FCT/HC/CV/5672/2011.
I immediately contacted the wife of the late Taofeek A. Kusamotu, who asserted strongly that the land sold to me was genuine and upon studying the judgment, it was discovered that the judgment was obtained by fraud, thereof.
He, accordingly, urged the police to invite the said Martin Okoh for proper investigation to avert breach of peace and a looming and impending chaotic situation.
