A High Court of the Federal Capital Territory (FCT) presided over by Justice Maryanne Anenih has declared a former Senate President, Ameh Ebute, as the lawful owner of a disputed plot of land in the Wuye District of the Federal Capital Territory, Abuja.
In a judgment delivered on Thursday after 25 years of legal battle, Justice Anenih voided the action of the Federal Capital Development Authority (FCDA) in allocating the plot of land to another person, Emmanuel Okereke, after legally allocating same to the former President of Nigeria’s Senate.
The plot in dispute marked L346 was allocated to Ebute on September 25, 1993 while the same property was allocated to Okereke, a Director with the FCDA, on October 22, 1993.
Trouble started when the two parties started laying claims and counter claims to the property, leading to a legal action by Ebute to seek redress over the double allocations.
The case, which was initially filed at the Federal High Court in 2001 was transferred to the FCT High Court on ground of jurisdiction.
Ebute had approached the court by way of a writ of summons, seeking a declaration that he is the rightful allottee of the land, having been granted a right of occupancy by the FCDA as far back as September 25, 1993 and the 2nd Defendant granted his October 22, 1993.
He asked the court to declare any subsequent grant of the same land to any other person after his own as illegal, null and void.
He also sought a perpetual injunction restraining the FCDA and the second defendant from entering, developing, or interfering with the plot.
The second defendant, in turn, countered the claim, asserting that he was the legitimate allottee of the same plot of land having been issued with Certificate of Occupancy upon payment of requisite fees.
Okereke, a retired FCT director, told the court that he followed due process in applying for and receiving the Certificate of Occupancy (C of O) from the FCDA after paying survey and ground rent fees.
He asked the court to declare the actions of Ebute as trespass and demanded damages to the tune of N100 million.
However, a staff member of the Abuja Geographic Information Systems (AGIS), in testimony, admitted that the FCDA had erroneously reallocated the same land and that Ebute was never issued a letter of revocation, cancellation, or replacement of his original allocation.
Although the defendant claimed that Ebute had been offered a replacement plot and sold same to Dana Airline, they however could not provide evidence that he accepted the offer.
In her judgment, Justice Anenih upheld Ebute’s claim that he was the first allotee and noted that “where there are conflicting allocations, the “first in time prevails”.
She held that Ebute’s allocation, having come first on September 25, 1993, takes precedence over the second allocation made more than a month after that of Ebute.
The court also found no credible evidence that the second defendant’s allocation was intended as a replacement for Ebute’s.
Citing the precedent set by the Supreme Court, the judge affirmed that once a valid Certificate of Occupancy has been issued, any subsequent one over the same parcel of land is void.
“All three issues raised in the matter are resolved in favour of the plaintiff,” Justice Anenih ruled.
“The Certificate of Occupancy issued to the second defendant is hereby declared illegal, void, and of no effect.”
The court ordered the FCDA to issue a fresh Certificate of Occupancy to Ebute upon payment of necessary statutory fees.
It also granted a perpetual injunction restraining the defendants and any other persons from trespassing on the land.
Counsel to the plaintiff, Joshua Eliagwu Moses, expressed satisfaction with the judgment.
