By Hassanat Adebowale
The Court of Appeal in Abuja has granted former Head of State, Gen. Yakubu Gowon, and others permission to challenge a High Court judgment in the Barewa Old Boys Association (BOBA) land dispute. The Sultan of Sokoto, Alhaji Saad Abubakar III, who is also a member of BOBA, along with the school’s old boys association, are contesting the lower court’s decision.
The court also dismissed a preliminary objection by Eagle Aluminium Industries Limited aimed at stopping BOBA from filing a cross-appeal. In a unanimous ruling, the three-member appellate court panel deemed Eagle Aluminium’s objection an abuse of court process. Justice Peter Chudi Obiorah, who delivered the ruling, stated that the objection was preemptive and presumptuous, contrary to the court’s rules.
“There is no provision in the Court of Appeal Rules, 2021, that allows a party served with a motion on notice to oppose the application by filing a preliminary objection. Parties cannot invent their own rules at their whims and caprices,” Justice Obiorah said. The ruling was supported by Justices Hamma Akawu Barka and Ishaq Mohammed Sani.
The disputed land, initially held in trust by the Gen. Gowon-led Board of Trustees (BoT), was reallocated to Haida Properties in 2007. However, in 2009, the same plot was reallocated to Eagle Aluminium, owned by Mr. Linus Ukachukwu, without the BoT’s knowledge. Following this ruling, the alumni association will join Eagle Aluminium Ltd, the Minister of the FCT, and the FCTA in challenging the December 2020 judgment that awarded ownership of the 6,500 square meter land to Haida Properties Limited.
Earlier, the Court of Appeal declined to endorse a bilateral settlement agreement between Eagle Aluminium and Haida Properties for joint development of the land, as the agreement did not include other parties involved in the dispute.
The alumni association, with Gowon, the Sultan of Sokoto, and Justice Lawal Uwais (rtd.) on its BoT, also filed a petition against lawyer Stella Oyiugo at the Legal Practitioners Disciplinary Committee for allegedly representing the association in court without authorization. Additionally, the Inspector-General of Police has filed criminal charges against suspects implicated in the land deal investigation, though they have yet to be arraigned.
GI’s Legal Corner
Under Nigerian property law, when land disputes involve multiple allocations, the principle of “first in time, stronger in law” often applies. This means the initial legitimate allocation should prevail unless it is legally revoked. Additionally, the Land Use Act of 1978 places land control in the hands of the state governor or, in the case of the FCT, the Minister of the FCT. Any reallocation that doesn’t follow due process could be deemed legally void.
The Court of Appeal’s decision to allow BOBA to challenge the judgment upholds the fundamental right to a fair hearing, as guaranteed by Section 36 of the 1999 Constitution. It also emphasizes the importance of considering all parties in land disputes involving multiple interested parties to ensure a just outcome.
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