Demolition of Minanuel Estate: The court is helpless –FCT minister

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From GODWIN TSA Abuja

The Minister of the Federal Capital Territory (FCT) Senator Bala Mohammed yesterday said there was nothing the court can do in respect to the suit filed by Minanuel Investment limited challenging the demolition of 372 housing units at its estate in Abuja since the act has already been completed.

Besides, the minister, through his legal team headed by Chief Joe Kyari Gadzama (SAN) submitted that Minanuel did not possess a legal title to claim ownership of the property. Gadzama shocked the court presided by Danlami Zenchi when he announced that the plots in the estate had been reallocated to their rightful title holders.

But plaintiff’s counsel, Femi Falana (SAN) countered his submissions, alleging that the documents might have been backdated. Meanwhile, the court has ordered an accelerated hearing of the matter and adjourned till February 25 to 28, 2013. The adjournment came after counsel to the plaintiff withdrew his motion seeking an injunction to. stop the government from further demolition of structures or interfere with development on the site of Minanuel Estate along the Airport Road in Abuja.

Government on its part withdrew its notice of preliminary objection challenging the jurisdiction of the court to hear the suit. Minanuel Estate had headed to the court with a N5billion suit against the Minister of the Federal Capital Territory Bala Mohammed, at an Abuja High Court for the demolition of 372 housing units belonging to the developer, Minanuel Investment Limited between September 29 and October 2, 2012.

Falana, who is acting on behalf of the estate developer, prayed the court to compel the minister to pay N5billion as special and general damages for the illegal demolition of the housing estate. In the writ of summons, which Falana filed on behalf of the company, the plaintiff is asking the court to grant its declaration that the demolition was illegal, null and void. It added that the Minister’s action violates the provisions of sections 47,50,51,53,60,83 and 84 of the Nigerian Urban and Regional Planning Act (N138), Laws of the Federation of Nigeria, 2004.

The plaintiff is also praying the court to declare that the demolition violates its right to fair hearing, the right to property and the right to housing as guaranteed by sections 33,43 and 44 of the 1999 constitution and Articles 7 and 14 of the African Charter on Human and Peoples’ Right (Ratification and Enforcement) Act (CAP A9), Laws of the Federation of Nigeria. 2004.

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9 Comments

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    • comrade memeski if you dont know why cant you ask, ordinary nigerians are majority owners of the property, they bought from the developer, if it belong to PDP do you think they will demolish the thing?

      • Even in our traditioal african society demolition is not allowed when a structure has been put in place but that has been desecrated now thanks to EL RUFIRE his unreasoable audacity has gained ground that is why bala moh’d comfortably destroyed 500 houses of an estate without qualms, GOD DEY.

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  3. Bala Mohamed deservses not to a minsiter of FCT.I have not any thing good done by the administration.He has built any and he is busy demolishing the ones poor Nigerians built with hard earned income.He will tell children not hawk on the street but he has not provided free education for them to be busy.Abuja is getting and dirty every day,for two week now there has been no water in Abuja,no all the road projects started by El-Rufai administration has been abandoned,the sattelite towns are having so much challenges in terms of facilities.Landlords are having free time increasing rents any how and there is no regulation.

    Let him tell us the justification for the demolition.If it is owned by a strong PDP member,will he be able to demolish it?Bala Mohammed should wake up because people in Abuja are tired of his administration.

  4. Bala Mohamed deservses not to a be minsister of FCT.I have not seen any thing good done by the administration.He has not built any and he is busy demolishing the ones poor Nigerians built with hard earned income.He will tell children not hawk on the street but he has not provided free education for them to be busy.Abuja is getting and dirty and dirty every day,for two weeks now there has been no water in Abuja,All of the road projects started by El-Rufai administration has been abandoned,the sattellite towns are having so much challenges in terms of facilities.Landlords are having free time increasing rents any how and there is no regulation.

    Let him tell us the justification for the demolition.If it is owned by a strong PDP member,will he be able to demolish it?Bala Mohammed should wake up because people in Abuja are tired of his administration.

  5. THAT ESTATE BELONGS TO AN IGBO MAN. THAT TRIBE WILL NEVER LEARN A THING. GO TO THE VILLAGE OF THAT MAN, HE DOES NOT HAVE ONE ROOM OF HIS OWN EXPECT THE ONE HE INHERITED FROM HIS FATHER. STUPID TRIBE.

  6. then nobody is safe if you can enter a property and demolish it and keep claiming right. that tittle the developers were holding was not forged but was issued by the same fcda. then who is fooling who?……+2348057323826

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