Monday, 12 July 2021

Yar'Adua's Daughter FCT Minister Fight Dirty Over Disputed Land


 Daughter of former Presi­dent Umaru Musa Yar’Ad­ua, Zainab, has filed a legal action at the High Court of the Federal Capital Territo­ry (FCT) against Minister of FCT and three others over a disputed plot of land in Abuja.


Specifically, Zainab is seeking the sum of N500 million as general damages against the FCT minister and other defendants.


She is equally asking the court to grant an order of per­petual injunction restraining the 1st and 2nd defendants and their agents from laying claim to the property.

The claimant through her company, Marumza Es­tate Development Company Limited, is laying claim to ownership of Plot 506, Cadas­tral Zone B09, Kado District, Abuja.


But the ownership claim was voided by the Federal Capital Development Author­ity (FCDA) upon discovery that the irrevocable power of attorney used to procure the land through alleged do­nation was forged, prompting her to file a suit to challenge the action.


Zainab, an ex-wife of for­mer Kebbi governor, Saidu Dakingari, through her company, Marumza Estate Development Company Lim­ited, sued another company, Itban Global Resources Lim­ited, its founder, Halliru Saad Malami, FCT minister and the FCDA as 1st to 4th defen­dants, respectively, over the disputed land.


Zainab filed the suit through her counsel, Chief Sebastine Hon (SAN).


She claimed that the plot of land was donated to her through an irrevocable pow­er of attorney executed at the FCDA by Itban Global Resources Limited through a purchase.


In a writ of summons dated June 24, 2021, with suit number, CV/1270/2021, Ms. Yar’Adua’s company urged the court to order the 1st de­fendant, Itban, who had al­legedly given an “irrevocable power of attorney” over the disputed property to surren­der the land to her firm.

She added that having been issued with irrevoca­ble power of attorney on the plot of land, Itban Global Re­sources Limited had trans­ferred its interest in the land to her own company, Marum­za Estate Development Com­pany Limited.

The claimant urged the court to make an order com­pelling Itban Global Resourc­es Limited, 1st defendant and its directors including Alhaji Malami (2nd defendant) to ex­ecute within 72 hours of the delivery of judgment on the matter, a deed of assignment in favour of her company.

She further sought an or­der compelling 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.


However, in a counter-af­fidavit by Mr. Malami and his company filed by their counsel Dr. Remi Peter Ola­tubora (SAN0, they alleged that Ms. Yar’Adua, using one Sani Rabo and others as “fronts”, unlawfully pro­cured documents pertaining to the disputed property in the name of the 1st and 2nd defendants.


Itban alleged that one Sani Rabo who knew history of the land conspired with the claimant to forge letters, pow­er of attorney, resolutions, among others to fraudulent­ly transfer ownership of the land to the claimant.


However, the presiding judge, Justice Olukayode Adeniyi, declined granting an injunctive order against the defendants but instead ordered parties to move into the substantive matter.


The judge held that re­quest for injunctive order at the present stage of the suit would not only delay the hearing of the matter but will affect the substantive claims and counter claims in the case.


Based on agreement by parties, the judge ordered that status quo be main­tained pending the resolution of issues in dispute.


The court ordered accel­erated hearing into the case and adjourned its definite hearing till October 12, 13 and 15, 2021.


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