The Abuja Division of the Federal High Court yesterday summoned the eldest daughter of former President Obasanjo, Senator Iyabo, and six others to appear before it on 6 March over their involvement in a disputed Abuja landed property.
Justice Inyang Ekwo ordered the defendants to appear before the court to show cause why they should not be restrained from trespassing into the property situated at Plot 4254, Cadastral Zone A04, measuring approximately 1.67Ha, in the Asokoro District of Abuja.
Others the court asked to come before it to show cause, included the former Senator for the Federal Capital Territory, FCT, Philip Aduda, the newly elected President of the Ohaneze Ndigbo, John Mbata, as well as Ismail Iro, Jamaila Sani Alhassan and Altine Jibrin.
Justice Ekwo held that the summons should be served on the defendants through substituted means, by publishing same in two national dailies.
The orders followed an ex-parte application marked: FHC/ABJ/CS/67/2025, which was brought before the court by two plaintiffs- ABB Electrical Systems Limited and Chief Amb. Yohana Y.D. Margif.
The plaintiffs had through their lawyer, Mr. Abniyilo Na’allah, sought the intervention of the court through a restraining order against the defendants.
Insisting that they are the rightful owners of the land in dispute, by virtue of the statutory Right of Occupancy granted to them, the plaintiffs sought an order of interim injunction to restrain the defendants from entering, trespassing, altering or modifying the property, pending the determination of their suit.
They told the court that they were agitated with the fear that the defendants would forcefully take possession and ownership of the property from them.
‘That the plaintiffs/applicants have been in quiet and peaceful possession of the land without any challenge from the defendants/respondents or anyone at all.
‘It will occasion serious miscarriage of justice against the plaintiffs/applicants if the defendants/respondents are allowed to tamper with, enter, trespass, alter or modify the property belonging to the plaintiffs.
‘Allowing the defendants/respondents to tamper with, enter, trespass, alter or modify the property belonging to the plaintiffs will destroy the res and render the judgment of this court nugatory’, they averred in an affidavit that was attached in support of the application.
Besides, the plaintiffs maintained that irreparable damage would be caused to them if the defendants were not restrained.
In the affidavit that was deposed to by the 2nd plaintiff, Chief Margif, he told the court that the 1st plaintiff was allocated the parcel of land by the Federal Capital Development Administration (FCDA), with a Statutory Right of Occupancy that was issued date on May 23, 2006.
He said the company intended to start developing the said land in compliance with terms contained on the statutory Right of Occupancy and other guiding rules and laws within the FCT.
He alleged that recent activities of the defendants, including Senator Obasanjo who represented Ogun Central Senatorial District between 2007 and 2011, had become worrisome.
Margif prayed the court to grant their application in the interest of justice
After he had listened to counsel to the plaintiffs, Justice Ekwo, held thus: ‘Upon studying the prayers and averments in support of the motion ex-parte and the averments in the affidavit of urgency, I am of the opinion that the prayers are not such that can be granted without hearing from the defendants.
‘I hereby make an order that the plaintiffs/applicants should put the defendants on notice within seven days of this order and the defendants to show cause why the prayers sought should not be granted’.
