A Federal High Court in Abuja has ordered Iyabo Obasanjo, daughter of former President Olusegun Obasanjo, to explain why she should not be barred from further trespassing on a property located at Plot 4254, Cadastral Zone A04, Asokoro District, Abuja, measuring approximately 1.67 hectares.
Justice Inyang Ekwo issued the directive on Tuesday in a ruling on an ex-parte motion filed by ABB Electrical Systems Limited and Chief Ambassador Yohana Y.D. Margif.
In the motion forming part of a substantive suit marked FHC/ABJ/CS/67/202, the court also directed former FCT Senator Philip Aduda and five others to show cause they should not be restrained along with Iyabo Obasanjo from trespassing on the land in dispute.
Other defendants named in the suit include Ismail Iron, John Mbata, Jamaila Sani Alhassan, Altine Jibrin, and several unidentified individuals.
Justice Ekwo said: “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 grated.”
The judge also issue an order of substituted service of all court documents filed so far in the case on the defendants through publication in two national dailies.
In a supporting affidavit, the plaintiffs claimed to have been bothered by defendants allegedly “entering, trespassing, altering or modifying the property belonging to them, given the alleged imminent threat made by the defendants on the land to forcefully take possession and ownership”
They further claimed to be the rightful owners of the land by virtue of the statutory Right of Occupancy granted to them
The plaintiffs added: “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 said irreparable damage would be caused to them if the defendants were not restrained.
The plaintiffs stated that ABB Electrical Systems Limited was allocated the parcel of land by the Federal Capital Development Adminstration (FCDA), covered by a Statutory Right of Occupancy with new Issued date of May 23, 2006.
They added that ABB Electrical Systems Limited intended to start developing the land in compliance with terms contained on the statutory Right of Occupancy and other guiding rules and laws within the FCT.
The plaintiffs alleged that recent activities of the defendants, including Senator Obasanjo, who represented Ogun Central Senatorial District between 2007 and 2011 have become worrisome.
