Starline Nigeria Limited, a cosmetics and pharmaceutical manufacturing company in Abia State, and the Federal Government of Nigeria have filed a legal dispute before the Federal Supreme Court over the ownership of 815.76 acres of land (approximately 1,651,605 square meters and 1,649,673 square meters respectively) in the South-Eastern state. are fighting over. Abuja court.
Starline, in case number: FHC/ABJ/CS/545/2024, filed a lawsuit in the current court by Justice Binta Nyako for his alleged reliance on concealment of material facts and alleged deception. They are seeking to have the judgment set aside, but this argument has been strongly denied by the court. federal government.
Starline Nigeria Limited represents the Consolidated Agro Allied Products Company Limited, Mrs. Chioma Christabel Onwurata, the Federal Government of Nigeria, the Federal Ministry of Labor and Housing, the Presidential Implementation Committee on the Rental of Federal Government Properties, and the Nigeria Police Force. named as a defendant. That problem.
land legal disputes
According to court documents exclusively reviewed by Nairametrics, Starline’s lawyer George E. Okaebbu said on May 8, 2024, that his client arrived at the disputed property located at 10 Abaku Street, Aba, Abia State. He claimed to have a vested interest. Subject to a previous judgment in favor of the defendant.
Starline therefore asserts its right to sue to set aside the judgment rendered by Judge BFM Nyako on January 23, 2024.
The plaintiff alleges that he purchased the property located at No. 10, Abak Street, GRA, Abia State from the Imo State Agricultural Development Corporation through a deed dated March 28, 1983 and registered as No. 44 on page 44. Volume 272 of the Land Deeds Registration Office, Owerri, Imo State (now Umuahia, Abia State).
The plaintiff purchased this property in 1983 and since then has peacefully and quietly occupied and occupied it until April 3, 2024, when the defendant claimed to enforce the current judgment in Suit No. FHC/ABJ/CS/1252/2023. He claims to have been owned.
The plaintiff further submitted that after purchasing No. 10 Abaku Street, Aba, Abia State, he applied for and was issued a statutory certificate of occupancy by the then Imo State Government on August 6, 1986, which was registered as no. Found on page 24 of Volume 151 of the Land Deeds Registration Office, Owerri, Imo State (now Umuahia, Abia State).
“The Plaintiff has mortgaged and loaned the property in preference to Diamond Bank Limited to further the title and peace and quiet occupation of No. 10 Abaku Street, GRA, Aba, Abia State; It alleges that the loan was subsequently repaid and that once the plaintiff repaid the loan, the property was released by Access Bank PLC, which had acquired Diamond Bank Limited.”
He said that Consolid and the federal government are aware of the ownership of the land and have carried out due diligence in acquiring it, but citing an Abuja court judgment, they have been asked to vacate the land and will not proceed to court. He said he believed he did not have jurisdiction. Land disputes arising from Abia state.
He asked Justice Inyang Ekwo to reverse Justice Nyako’s judgment, set aside all steps and processes taken by the defendant in implementing the judgment, and restrain the defendant from taking further steps in enforcing the judgment. asked to do so.
He also sought N100 million in general damages from Consolid and the second defendant for the inconvenience, pain and embarrassment caused to the plaintiff through Suit No. FHC/ABJ/CS/1252/2023. .
What FG says
In a statement of defense filed by Mrs. Maimuna Rami Shilu on September 12, 2024 on behalf of the federal government, she stated that the plaintiffs did not have the necessary legal rights to bring the suit. It was argued that there was no need to consider whether the plaintiff had filed a lawsuit. A genuine case with merit.
She explained that the property in question belonged to the Federal Government and not to the Abia State Government from which the plaintiff claimed to have purchased the property.
She referred to Section 49(1) of the Land Use Act of 1978, stating that “no provision of this Act shall extend any property, whether developed or undeveloped, owned by the Federal Government or any agency of the Federal Government at its commencement. , shall not affect the ownership of the land.” of the law; therefore, such land remains vested in the federal government or related agencies. ” He noted that No. 10A and 10B, Abaku Street, Abia North Local Government Area of Abia State, GRA, Aba, has an area of about 1,651,605 square meters and 1,649,673 square meters respectively and belongs to the Federal Government.
He said that federal government property in the Government Reserve Area (GRA) of Abia State, and indeed in all states of the federation, belongs to the federal government and remains in its possession until disposed of in accordance with law or regulation by the appropriate federal agency. We have made it clear that we retain our rights. .
She asked the court to hold that any allocation of federal land property not made by the Presidential Implementation Committee on the Leasing of Federal Property is void and that any development thereon without the approval of the Department of Labor is void. I asked for And housing is also illegal.
She said that when the federal government became aware that the plaintiffs were illegally occupying the company’s property, it served the company with a notice of closure and intent to repossess the property on March 9, 2020.
She said there were no misrepresentations in Consolid’s proceedings before Judge Nyako because the lease of the property was only between the Federal Government and Consolid and another defendant, which the judgment affirmed. He claimed that there was not.
She stressed that the property belonged to the Federal Government and not to Imo or Abia State Governments.
Mr. Shill said that even though the plaintiffs said they purchased the property from the then Imo State Government (now Abia State Government), the state governor does not have the authority to supervise and manage land belonging to the federal government within the state territory. It asserts that such lands are excluded from the authority and control of the Governor, adding:
“Plaintiffs are requesting a worthless document named “Summons” in order to waste the time of this court when they have no standing to bring this suit challenging the competency of Suit No. FHC/ABJ. /CS/1252/2023,” she added.
She argues that the suit is frivolous, incompetent, a gross abuse of court process, and without merit, and dismisses the suit in its entirety with punitive costs for the plaintiffs and in favor of the defendants. I prayed to the court.
Nairametrics officials gathered that the court will preside over the matter at a later date.
The Federal High Court is one of the courts of first instance that has jurisdiction over civil cases such as land disputes.
Courts have been asked to interpret the application of several relevant laws regarding land acquisition.
