The bid by an Abuja developer, Mr Cecil Osakwe to hold on to two apartments at Abeh Signatures Apartments, Maitama, Abuja was again dashed on Tuesday as and FCT High Court dismissed a suit of tress trespass he filed before the court.
Two businessmen, Innocent Ike, a former Managing Director of Polaris Bank and Adeyinka Badewa, who allegedly bought two apartments that were subject of litigation from Mr Osakwe, had approached the Court to stop the Court of Appeal judgement creditor, Ms Asabe Waziri from the said property.
The trial judge, Justice Mohammed Madugu dismissed a suit of trespass filed against the defendant, Ms Asabe Waziri whom the Court of Appeal had earlier declared the legal owner of two luxury apartments at Abeh Signatures Apartments, Maitama, Abuja
The judge, in his ruling, maintained an earlier judgement by the Court of Appeal, on the same matter. Madugu, gave the ruling following an application, filed by Osakwe’s counsel, Mr Christian Oti, seeking an order of perpetual injunction, restraining the defendant, Ms Asabe Waziri’s claim to two luxury apartment which she purchased from Abeh Signature Ltd promoted by property developer.
The judge held that suit : no: FCT/CU/3261/2022 was dismissed for abuse of court process and that the court could not struggle for jurisdiction with the appellate court.
He held that the claimants, in their application, failed to provide the court with evidence in the affidavit of the motion and failed to show source of information they provided before the court.
The judge also noted that the court, having examined the certified copy of an earlier judgement on the matter by the Court of Appeal, would lead to futility and a mere legal exercise that may jeopardise the reputation of the court.
He said: “That Justice O.A.Othman of a FCT High Court, Apo, in a suit no: FCT/ CV/2435/ 2021 between Abeh Signature and Asabe Waziri declared the defendant an illegal owner of the said property.
“However, having examined the certified true copy of the judgment by the Court of Appeal no: CA/ABJ/CV/ 246/2022, as tendered by the 1st defendant’s counsel on May 27, 2022, It is evident that the defendant in this suit is the bonafide owner of the apartments.
“These are flats 3B and 3C, both being a two-bedroom flats with boys quarters, situated at Abeh Signature Apartments in Maitama. The Court of Appeal pronounced the 1st defendant as the legal owner of the apartments and overturned the first order by O.A. Othman.
“Any further hearing on this suit would be futile and a mere legal exercise, therefore, this court should refrain from wasting its time on this matter,” the judge held.
The News Agency of Nigeria (NAN) reports that the appeal court strongly criticized Osakwe for unethical practices, stating that he attempted to profit twice from the sale of a property.
The court overturned a previous ruling by the FCT High Court, restoring ownership of two luxury apartments in Abuja’s Maitama district to Ms. Asabe Waziri.
The appellate court rescinded the decision of Justice Othman Musa, which had returned the apartments to Abeh Signatures Ltd and its CEO, Osakwe.
The appellate court also faulted the trial judge for straying from the facts of the case, resulting in a miscarriage of justice.
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