By Godwin Tsa

 

There was a pin drop silence in the courtroom as everyone stared at each other in utter bewilderment. How come a civil servant on a monthly salary of N75,000 paid N339, 456, 500 cash for property was the question that agitated the minds of those in court including the presiding judge.

Many people could have dismissed it if the revelations had not come from the litigant himself.

It was a High Court of the Federal Capital Territory (FCT) sitting in Kuje before Justice C.U. Ndukwe that the shocking revelation was made in the case between Mr. Hassan Namiji Aboh and Global Formwork Nig. Ltd; Hon. Minister of the F.C.T and the Ministry of the Federal Capital Territory. 

The plaintiff, Mr. Hassan Namiji Aboh, a retired chief accountant from the Office of the Accountant General of the Federation shocked the court when he narrated how he purchased six duplexes and two bungalows at the sum of N339, 456, 500 at Malaysian Gardens, Saraji District Abuja.

He took the defendants before the court over their refusal to hand over the residential houses to him after making payments for them.

In his statement on oath, the plaintiff told the court that the first defendant, Global Formwork Nigeria Ltd, is a limited liability company carrying out the business of estate development with head office in Gwarimpa, Abuja and involved in the development of the Malaysian Gardens at Saraji District, Abuja within the jurisdiction of the court.

According to him, sometimes in July 2004 the first defendant entered into a development lease agreement with the Ministry of the Federal Capital Territory (3rd defendant) to develop Saraji District, Abuja in line with the Federal Government of Nigeria’s national housing scheme with objective of providing affordable housing for the benefit of residents of the FCT in particular and Nigerians in general.

The plaintiff averred that the ground breaking ceremony of the Malaysian Gardens, as a mass housing project for Nigerians, was performed by former president, Olusegun Obasanjo with the then Minister of the FCT, Mallam Nasir El-Rufai and other top government functionaries in attendance on October 3, 2006.

He told the court that being desirous of becoming a house owner at the 1st defendant estate, he paid a total cash of N339, 456, 000 between July 29, 2008 and May 19, 2009 to purchase six duplexes and two bungalows from Global Formwork Nig. Ltd, to be constructed by the company at Malaysian Gardens, Saraji District Abuja.

He added that between August 2, 2008 and May 20, 2009, the first defendant entered into eight agreements to erect and deliver to him six completed duplexes and two bungalows in eleven months after full payment for the respective houses. 

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A breakdown of the payments and particulars showed that on November 19, 2008, he paid the sum of N26, 092, 500 for plot 26 M.S. Alhassan Street Malaysian Gardens, Saraji District, Abuja measuring 170 Square meters; N50, 610, 000 was paid on May 20, 2009, in respect of plot 29 Jigawa Close, Malaysian Gardens, Saraji District Abuja, measuring 312.15 Square meters; another N50, 610, 000 was paid on same date for plot 28 Jigawa Close, Malaysian Gardens and similar amount of N50,610, 000 was also paid same date in respect of plot 30 Jigawa Close, Malaysian Gardens, added to other payments brought the sum total to N339, 465, 000.

Of note, was that the plaintiff made a whopping cash payment of N151,830,000 to the property developers in one fell swoop.

Aboh told Justice Ndukwe that since after making the huge payments, the 1st defendant has stopped work at the estate to his dismay, chagrin and discomfiture.

He expressed concern that the development lease agreement between Global Formwork Nig. Ltd, the Hon. Minister of the F.C.T and the Ministry of the Federal Capital Territory to develop Saraji District will expire on October 11, 2016 and shall be revoked by the FCT Administration, unless the company completes the development of the housing project in Saraji District measuring 510 hectares and comprising of 14, 085 housing units before the said expiry date.

The plaintiff stated that by the final payment of N339, 456, 000 to the company, he has fulfilled his part of agreement and thus entitled to take delivery of the completed types 3A and 3B residential houses at Malaysian Gardens, Saraji District Abuja, eleven months preceding full payments.

He added that unless the 1st and 2nd defendants are restrained, they will revoke the development lease agreement with the company which will affect his rights and interests in the eight plots at the Malaysian Gardens.

He further stated that the failure of the company to deliver the completed residential houses to him was a breach of the agreement and has caused him huge financial loss, inconveniences, embarrassment, pain and anguish especially as he is still living in a rented apartment.

Daily Sun gathered that at least 1800 houses at different stages of completion were abandoned since 2009 when work stopped at the site following litigations on the project.

Malaysian Gardens at Saraji District Phase 3 was designed to have 65 per cent affordable housing; 15 and 10 per cent respectively for the middle and high classes.

Attempt by our correspondent to get clarification from the officials of the estate was not successful as the elderly security guard said his boss would not want to speak to the press.  

Meanwhile, FCT Minister, Malam Muhammad Bello had during an unscheduled visit to the Malaysian Gardens Estate earlier in the year, indicated that issues stalling the project would soon be resolved.