Nigeria’s former First Lady, Hajia Mariam Sani Abacha, and her son, Mohammed Sani Abacha, have brought a case before the Court of Appeal in Abuja.
They are challenging the President, the Minister of the Federal Capital Territory (FCT), and two others over the alleged unlawful revocation of a property that belonged to the late General Sani Abacha, Nigeria’s former Head of State.
The property, situated in the Maitama District of Abuja, was reportedly revoked by the Federal Government and subsequently sold to a private company, Salamed Ventures Limited, without the Abacha family’s knowledge.
The family seeks to overturn the decision of Justice Peter Lifu of the Federal High Court, Abuja, who dismissed their lawsuit concerning the property on May 19, 2024.
The respondents in the appeal include the Minister of the FCT, the Federal Capital Development Authority (FCDA), the President of Nigeria, and Salamed Ventures Limited.
Representing the Abacha family, Senior Advocate of Nigeria (SAN) Reuben Atabo filed a notice of appeal based on 11 grounds, requesting two major reliefs from the Appellate Court.
Among their claims, the Abacha family argues that Justice Lifu erred in law by ruling that their claims were dismissed by both the High Court of the Federal Capital Territory and the Court of Appeal, whereas the cases were actually struck out for lack of jurisdiction. They also contest the judge’s reliance on Section 39 of the Land Use Act, asserting that the Federal High Court should have jurisdiction over land recovery cases, as per an earlier Court of Appeal decision.
The appellants further contend that Justice Lifu denied them a fair hearing by ruling that they lacked the legal standing to file the suit on behalf of General Abacha’s estate without allowing them to address the court. They highlight that Mohammed Sani Abacha, as the eldest surviving son, and Mariam Sani Abacha, as the widow, are authorized to initiate legal action regarding the estate.
Additionally, the Abacha family claims that the judge wrongly concluded their case was statute-barred without properly considering exceptions under the Public Officers Protection Act. They also criticize the recognition of Salamed Ventures Limited’s title to the property, which was allegedly transferred during the pendency of their legal proceedings, violating legal norms.
In their appeal, the Abachas argue that the revocation of the property’s Certificate of Occupancy by the FCT Minister and the subsequent sale to Salamed Ventures Limited were invalid and not conducted in accordance with the Land Use Act. They also question the legality of the property’s revocation under a non-existent law and without compensation.
Furthermore, the family challenges the N500,000 cost awarded to Salamed Ventures Limited, arguing that it is neither a proper nor necessary party in the case. They emphasize that the revocation and sale of the property to a private entity do not serve an overriding public interest, as required by law.
The Abacha family is urging the Court of Appeal to allow their appeal, set aside Justice Lifu’s judgment, and do justice to their case as a court of first instance under Section 15 of the Court of Appeal Act.
No date has been set for the hearing of the appeal, leaving the legal tussle over the Maitama property unresolved for now.