The family of the late former Head of State, Gen Sani Abacha, has appealed the judgement of a Federal High Court in Abuja which dismissed its claim over an Abuja property.
Justice Peter Lifu had on July 19 ruled that the family lacked the locus standi to file the suit challenging the revocation of its property at Maitama District and demanding the sum of N500 million compensation.
In a notice of appeal filed on July 23 by its counsel, Reuben Atabo (SAN), the family led by Mohammed Sani Abacha and Hajia Maryam Sani Abacha is contending that the trial court erred on 11 grounds in the dismissal of the suit.
The appeal, which joins President Bola Tinubu, Minister of the FCT, the Federal Capital Development Authority (FCDA), and Salamed Ventures Ltd, is demanding an order of the appellate court setting aside the sale and transfer of the title to Plot 3119, Maitama, Abuja measuring 3 hectares of land to Salamed Ventures Ltd on February 25, 2011.
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The family are contending that the transfer occurred during the pendency of the appeal between them and the FCDA in CA/A/917/2010, contrary to the decision of the Supreme Court in the case of Vaswani Trading Co vs Savalaki & Co (1972) ALL NLR (Pt.2) 483 SC.
The family also argued that the high court judge erred in law when it overruled the earlier verdict of Justice I.M. Bukar when he ruled on June 30, 2009 that the proper court to hear the matter was the Federal High Court which was affirmed by the Court of Appeal on May 18, 2015 in appeal no: CA/A/197/2010, which they added breached the doctrine of stare decisis.
“The action of the learned trial judge overruling the decision of the Court of Appeal, Abuja Division delivered on the 18th day of May, 2015 in appeal no: CA/A/197/2010 amounts to judicial rascality and insubordination,” Atabo said.
The family also faulted the trial judge for recognising Salamed Ventures’ ownership of the land title, arguing that a party to a proceeding (FCDA) cannot transfer title to a third party during the pendency of an action.
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