Abacha Family Sues Tinubu Over Revocation of Late Head of State’s Abuja Property

Nigeria’s former First Lady, Hajia Mariam Sani Abacha, and her son, Mohammed Sani Abacha, have filed a case with the Court of Appeal in Abuja against the President, the Minister of the Federal Capital Territory, and two others.

They seek the recovery of property allegedly unlawfully revoked from the late General Sani Abacha, located in the Maitama District of Abuja. The property was reportedly revoked by the Federal Government and sold to Salamed Ventures Limited without the Abacha family’s knowledge.

The Abacha family is requesting the Court of Appeal to overturn the judgment of Justice Peter Lifu of the Federal High Court, Abuja, which on May 19, 2024, dismissed their suit regarding the property.

The appeal lists the Minister of the Federal Capital Territory (MFCT), the Federal Capital Development Authority (FCDA), the President of Nigeria, and Salamed Ventures Limited as the 1st to 4th respondents.

On behalf of the family, Mrs. Abacha and her son are also asking the Appellate Court to invoke Section 15 of the Court of Appeal Act to address their legal battle as a court of first instance and provide justice.

In their notice of appeal, the Abacha family argued that Justice Lifu erred in law and miscarried justice in his findings and conclusions on the property. The appeal, filed by Reuben Atabo, SAN, is based on 11 grounds and two major reliefs.

Among their claims, the family argued that Justice Lifu erred in law by holding that their claims in earlier cases were dismissed rather than struck out for lack of jurisdiction. They also contended that the judge incorrectly applied Section 39 of the Land Use Act, which led to the Federal High Court being deemed without jurisdiction.

They further argued that Justice Lifu erred by declaring they had no locus standi to file the suit on behalf of the Estate of General Sani Abacha without allowing the parties to address the court, violating fair hearing principles under Section 36 of the 1999 Constitution.

Mohammed Sani Abacha, the eldest surviving son of General Abacha, and Mariam Sani Abacha, the widow, both claimed sufficient capacity to institute the action with or without letters of administration.

The Abacha family also argued that the judge erred by declaring their case statute-barred and recognizing Salamed Ventures Limited as a legitimate respondent despite the sale of the disputed property during the proceedings of their suit.

The notice of appeal stated, “The Certificate of Occupancy upon which the 4th Respondent claims title was issued during the pendency of the Appellants’ appeal. Judicial powers are vested in our Courts by Section 6 of the 1999 Constitution, and transferring property title during a pending action is an affront to the authority of our Courts.”

The family criticized the trial judge for not adhering to Section 28 of the Land Use Act regarding property revocation and compensation. They argued that the property’s revocation and subsequent sale to Salamed Ventures Limited, a private company, were not for overriding public interest and violated extant law.

The Abacha family seeks the Court of Appeal to overturn the lower court’s judgment, which dismissed their suit against the Federal Government. Justice Lifu had dismissed the case on grounds including being statute-barred and lacking locus standi due to the plaintiffs’ failure to present letters of administration as proof of their claim.

The family had requested the court to nullify the revocation of the Certificate of Occupancy of General Abacha’s property, arguing that it was illegally and unlawfully revoked in breach of the Constitution and the Land Use Act.

No date has been set for the hearing of the appeal.