From Godwin Tsa, Abuja
A private firm, Avastone Global Service Limited has threatened legal action against the Minister of the Federal Capital Territory(FCT), Mohammed Bello over alleged illegal demolition of its properties on plot 1186 Katampe extension, Abuja, despite a valid and subsisting judgment of a competent court of law.
Specifically, the firm has given the Minister a seven days ultimatum to pay the sum of N2 billion as damages arising from the illegal demolition exercise or face legal action.
This is contained in a pre-action letter addressed to the minister, by counsel to the claimant, Ataguba Aboje, dated January 18, 2022, titled “Demand for Immediate Compensation for unlawful destruction of properties and flagrant and intentional breach of court judgment”.
Narrating the circumstances of the case, the letter stated that Avastone Global Service Limited had on July 22, 2022 filed a suit against the Consulate of Republic of Yemen, the Minister of the FCT and the Federal Capital Territory Administration, over venture agreement by the Consulate of Republic of Yen and administrative decisions by the FCT minister, which the firm considered indefensible.
The suit marked CV/2257/2020, was assigned to Justice V.S. Garba of the High Court of the Federal Capital Territory, Gwagwalada division, holden at Kwali.
The judge had on November 29, 2021, after proper consideration of the case of the claimant, entered judgment in its favour and made the following orders; “A Declaration that the joint venture agreement between
the Claimant and the 1st Defendant for the purpose of developing Plot 1186, Katampe Extension, Cadastral zone b 19, is binding on the parties, valid and subsisting.
“A Declaration that all the approvals granted by the 2nd and 3rd Defendants for development of Plot 1186 Katampe Extension, Cadastral Zone B 19, Abuja is binding and subsisting.
“A Declaration that the Demolition Notice issued by the 2nd and 3rd Defendants for demolition of Plot 1186 Katampe Extension, Cadastral Zone B 19, Abuja is oppressive, illegal and unconstitutional.
An Order of perpetual injunction restraining the Defendants in this suit from demolishing the structure/buildings erected on Plot 1186 Katampe Extension, Abuja.
An Order of this Honourable Court declaring that the Claimant and the 1st Defendant are bound by the contents of the joint venture agreement entered into by both parties for development of Plot 1186, Katampe Extension, Abuja.
An Order of this Honourable Court directing the 2nd and 3rd Defendants to restore the building plan approval and withdraw the Demolition Notice over Plot 1186, Katampe extension, Abuja.
Attached to the letter was a Certified True Copy (CTC) of the judgment of Justice V.S. Garba which reads:
” The processes were served on the defendants, the 1st defendant (Consulate of Repubic of Yemen), was served by substituted means after obtaining an order of court for same which was granted by this court. The 2nd and 3rd defendants were served through their legal unit and evidence of the said service is in the court’s file, yet refused/failed to file any counter affidavit in opposition to the application before this court.
“I have gone through the process filed by the claimant in this suit, the exhibits attached, the affidavit and the averments contained therein, so also the counsel’s written address having been duly adopted as counsel oral argument in this suit and the fact that the facts therein are unchallenged and uncontroverted by the defendants on record, this honourable court sees no reason why the said application will or should be refused.
” Where evidence given by a party to any proceeding was not challenged by the opposite party, who had the opportunity to do so, it is always open to the court seized of the matter to act on such unchallenged evidence before it.
“This honourable court also bound by the law and the fact as stated in the applicant’s application which are unchanged, therefore this honourable court grants the reliefs as prayed by the claimant in its originating summons and it is hereby granted, particularly reliefs 1-6 as summons and the honourable court so hold.”
The firm however lamented that barely one month after the delivery of the judgment and despite being aware of the valid, subsisting and abundantly clear judgment of a competent court of law restraining you perpetually from demolishing the structure/buildings erected on Plot 1186 Katampe Extension,
Abuja you actively directed the Abuja Metropolitan Management Council/Department of Development Control an agency/department under your command and control to demolish and vandalise its properties in flagrant disregard and disobedience to the valid and subsisting judgment of the court.
The demand letter reads: “The reasons why we are alleging fault are: You were properly served with the originating court processes and
you were fully represented by a counsel of your choice in the matter and on the date of judgment you counsel was present and fully participated in the proceedings.
You are a constitutional/statutory office/officer bound by law and you have the benefit of advice of a fully staffed legal department for
proper legal advice and it is an elementary point of law that the judgment of a competent court remains valid and binding, even where the person affected by it believes it is void, until set aside by a court of competent jurisdiction. See the Supreme Court decision in Babatunde & Ors v. Olatunji & Anor (2000) LPELR-697(SC).
Our client’s demands: Your action is malicious, contemptuous, illegal, unlawful, an abuse of power and unwarranted egregious violation of the constitution you swore to uphold.
Your unlawful actions have caused our client untold hardship, trauma, embarrassment, loss of faith in government and huge financial loss and for this obnoxious exhibition of lawlessness by you our client claims N2,000,000,000 as compensation and to desist from further violations of the judgment immediately.
Take notice that if you refuse, fail and or neglect to accede to our client’s demands within 7 days after receipt of this letter we will without further notice to you institute an action before a competent court to seek an award of aggravated and/or exemplary damages amongst other reliefs that may be available to our client under the law.
