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Court directs EFCC, DSS to arrest sellers of ex-Appeal Court President’s properties
A High Court of the Federal Capital Territory, (FCT), sitting at Bwari, Abuja, has ordered the Economic and Financial Crimes Commission (EFCC), and the Department of State Services (DSS), to arrest anyone attempting to sale the properties of a late President of the Customary Court of Appeal in Abuja, Justice Moses Bello.
In a ruling that was delivered by Justice M.A Madugu, the court, issued an order that barred anyone from putting up a property of the late judge, situated at the Maitama District of Abuja, for sale.
The court held that the order should be pasted at the main entrance and walls of the property and also published in national newspapers.
The ruling followed an exparte application that the daughter of the late judge, Ann Eniyamire, brought before the court through her lawyer, Yahuza Maharaz.
A church, Christ the King Catholic Church in Okene, Kogi State and its parish priest, Reverend Father Ezekiel Awolumate, were listed as defendants in the suit marked: FCT/HC/M/12904/2024.
Justice Madugu specifically restrained the defendants or any of their agents from selling, leasing or mortgaging the property at plot no: 763, Cadastral Zone A6 (no 41, Panama Street) Maitama, Abuja or other properties in dispute, pending the determination of the matter.
According to the court: “An interim order of injunction is hereby granted restraining the defendants and their agents from selling, leasing, or mortgaging the property at plot no: 763, Cadastral Zone A6 (no 41, Panama Street) Maitama Abuja with C-of-O No:164 EW-FE 243-59 DDR 6018U-10 of file No: KG 10050 or any other property that is the subject of dispute, pending the hearing of the substantive suit.
“An order directing the Economic and Financial Crimes Commission, the State Security Service, and the Nigeria Police Force to apprehend, arrest, detain, and prosecute anyone attempting to sell, mortgage, or lease the property.
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“An order granting the applicant permission to mark the property with red paint and display a sign that reads “NOT FOR SALE / Lis Pendens” on the property, pending the outcome of the case.”
Justice Madugu ordered all parties in the suit to maintain the status quo as of the date the substantive suit was filed, pending its resolution.
He cautioned the defendants against tampering with the property markings or removing the court orders on the wall or entrance gate of the property, stating that any such actions would be considered as contempt of court.
Also, the court held that any steps taken in violation of its orders would lead to contempt charges.
Late Justice Bello’s daughter had instituted the suit against the defendants, alleging that she was shortchanged in the execution of her father’s will.
She told the court that her father had in his will, specified that his assets should be divided among his wife and eight children, using an 11.11 percent sharing formula.
However, Eniyamire claimed that Awolumate, the first defendant, altered the formula to 4.16 percent, contrary to her father’s instructions.
She, therefore, prayed the court to annul the defendants’ decision and to relieve them of their duties as executors of her father’s will.
She is also seeking a court declaration that she is entitled to 11.11 percent of all her father’s assets, including his shares and stocks.
She also prayed the court to direct the defendants to account, tender and hand all necessary documents with regards to administration, management and distribution of the estates of her late father to any appointed administrator general.
Other reliefs she sought in the substantive suit, included: “A declaration that the Claimant is entitled to 11.11%, being equivalent to 1/9 of shares concerning all her late father’s estates of mab farms and stocks.”
As well as, “an order of this honourable court directing the defendants to pay to the claimant the sum of N500,000,000.00 only as general damages.”
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