Featured

Court Restrains FCTA, Others from Trespassing on Kpokpogri’s Property

Published

2 years ago

February 7, 2024

Eric

The FCT High Court sitting in Abuja, on the 7th of February, 2024, granted an interlocutory application in Suit No: FCT/HC/CV/2005/2022, between PRINCE JOSEPH KPOKPOGRI V. FCT MINISTER & 5 ORS, seeking to restrain the FCT Administration and the Federal Housing Authority from trespassing or further trespassing on the property of the Plaintiff, Prince Joseph Kpokpogiri, pending the hearing and determination of the substantive suit. Hon. Justice C. O. Agbaza, in his ruling, resolved all the issues in favour of Mr. Kpokpogiri and against the Defendants ((1) HON. MINISTER FEDERAL CAPITAL TERRITORY, (2) FEDERAL CAPITAL TERRITORY ADMINISTRATION (FCTA), (3) FEDERAL CAPITAL DEVELOPMENT AUTHORITY (FCDA), (4) ABUJA METROPOLITAN AUTHORITY COUNCIL (AMMC), (5) FEDERAL HOUSING AUTHORITY(FHA) and (6) ATTORNEY GENERAL OF THE FEDERATION) holding that the Mr. Kpokpogiri has established a legal right to be protected by the court. The court therefore held that the Defendants are restrained from trespassing or further trespassing on Mr. Kpokpogiri’s property located at Plots 203 and 204, Apo Estate, Guzape, Abuja, pending the determination of the substantive suit.

Sometime in May, 2022, the Defendants demolished Mr Kpokpogiri’s property located at Apo Estate, Guzape, Abuja, without any court order or reasonable ground(s). The property had been partially demolished prior to the law office of Prof. Mike Ozekhome, SAN, being briefed. The Learned Silk immediately instituted an action on behalf of Mr Kpokpogiri at the FCT High Court. The court granted an interim order of injunction against the Defendants, restraining them from further demolishing and further trespassing on the property pending the determination of the motion on notice filed along with the Writ of Summons. The Defendants were duly served the order of interim injunction on the 8th of June, 2022, along with the Writ of Summons and the motion on notice for interlocutory injunction.

Upon being served the order of interim injunction, the FCT Administration, in a brazen display of impunity, rushed back to the property and leveled the partially demolished building to the ground and then proceeded to file a counter affidavit to the motion for interlocutory injunction, contending inter alia that the demolition having been completed, the court cannot grant an injunction restraining a completed act.

In a reply to the counter affidavit, Prof Ozekhome detailed the FCT Administration’s contumacious acts of further demolishing the property after they had been served with the interim order of injunction and contended that they cannot rely on their own wrong as a defence to the motion. The Learned Silk further contended that the acts sought to be restrained is not just the demolition, but also the act of trespass. Though the court cannot restrain a completed act, where the action is based on trespass to land which is a continuing act, the court can grant an injunction restraining the Defendants from further trespassing on the land. He cited the case of FARUK & ANOR v. MUNKAILA & ANOR (2021) LPELR-55731(CA), where the Court of Appeal, Per OBIETONBARA OWUPELE DANIEL-KALIO, JCA (Pp 16 – 17 Paras E – B) held thus:

“True, an interlocutory injunction is not available for an act that has been carried out. However, where there are further acts such as further acts of trespass, an interlocutory injunction is available to restrain such further acts. In IDEOZU & ORS VS OCHOMA & ORS (2006) LPELR-1419 (SC) the Supreme Court explained the nature of an interlocutory injunction as one being aimed at attacking or tackling a threatening, continuing or living adverse act or conduct on the part of the owner of the act or conduct. It is when the act or conduct is completed that the relief of interlocutory injunction is totally spent and recourse would then have to be made to a perpetual injunction for remedy.”

In the ruling delivered by Justice Agbaza, the court agreed with Prof. Ozekhome and disagreed with Y. Abubakar, Esq, Counsel for the 1st – 4th Defendants, holding that the Defendants cannot rely on their own acts of impunity in demolishing the property as a defence to the application for interlocutory injunction. The court condemned the FCT Administration for their contemptuous acts of further demolishing the property after being served the order of interim injunction. The court had strong words for the FCT Administration for their disregard for rule of law. The court further held that it was an action based on trespass to land in which an order of interlocutory injunction can be granted to restrain the Defendant from further acts of trespass. The court accordingly granted the application restraining the Defendants from trespassing on or further trespassing on Mr Kpokpogiri’s property.

By this development, the interim order of injunction earlier granted on the 7th of June, 2022 was further validated and extended by a grant of the application for interlocutory injunction, pending the determination of the substantive suit. The FCT Administration was therefore, by this ruling, ordered to stay away from the disputed property located at Plot 203 and 204, Apo Estate, Abuja, until the final determination of the suit.

Featured

CAN Tackles Shariah Council Over Call to Remove INEC Chair Amupitan

Published

2 days ago

January 30, 2026

Eric

The Christian Association of Nigeria (CAN) in the 19 Northern states and the Federal Capital Territory (FCT) has rejected the call by the Supreme Council for Shari’ah in Nigeria (SCSN) seeking the removal of the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan.

The Shari’ah Council, earlier this week, demanded the immediate removal and prosecution of Amupitan, as members of the Council questioned his integrity over a legal brief in which he reportedly acknowledged claims of persecution constituting genocide of Christians in Nigeria.

Reacting to the development in a statement on Thursday, the Chairman of Northern CAN, Reverend Joseph John Hayab, and the Secretary General of Northern CAN, Bishop Mohammed Naga, questioned the motive behind the demand, asking who was sponsoring the call and why such interests are hiding behind the platform of a religious body.

Describing the call as a dangerous attempt to politicise religion and undermine a critical national institution, Hayab stressed that Professor Amupitan has a constitutional right to freedom of religion, adding that expressing concern over challenges faced by his religion does not amount to bias or disqualification from public service.

He also pointed out that many Muslims who had served in key government positions in the past had troubling religious antecedents, yet were not subjected to similar scrutiny, urging national actors to prioritise competence and national interest over sectarian sentiment.

Hayab, who warned that the controversy further reinforces concerns about persistent religious discrimination against Christians in Nigeria, particularly in appointments to sensitive national offices, recalled that the two immediate past INEC chairmen were Muslims from Northern Nigeria, and warned against narratives suggesting that only adherents of a particular religion are qualified to lead the electoral body.

“Anyone hiding under the guise of the Shari’ah Council to demand the removal of the INEC chairman over political or sectarian interests should come out boldly. Otherwise, the ploy has died naturally, he said.

“”Are they saying that no other religion should serve as INEC chairman except Muslims? The most important question Nigerians should ask is whether Professor Amupitan is competent or not.

That should be the focus, not his faith,” the statement added.

The association commended President Bola Ahmed Tinubu for what it described as a deliberate effort to promote national unity by appointing a Christian as INEC Chairman, despite being a Muslim.

It noted that the decision reflected statesmanship and inclusivity, similar to precedents set under the previous administration of President Goodluck Jonathan, who kept a northern Muslim as INEC Chairman against all odds.

The Christian leaders advise the Shari’ah Council to publicly identify any individual or group behind the campaign against the INEC chairman, insisting that religious platforms must not be used as “cheap cover” to pursue political interests or intimidate public officials.They, however, called on the INEC chairman not to be distracted by the controversy, urging him to remain focused on his constitutional responsibility of conducting free, fair and credible elections.

“He should concentrate on doing the right thing for Nigerians and not behave like others who openly manipulated elections in the past and now seek to remain relevant through religious blackmail,” the statement said.

Northern CAN also raised concerns about what it described as emerging signals of a coordinated political agenda ahead of the 2027 general election, citing recent comments by the Minister of Culture, Tourism and Creative Economy, Hannatu Musawa, who warned that the All Progressives Congress (APC) risks electoral defeat if it drops a Northern Muslim-Muslim ticket from President Bola Tinubu’s re-election ticket.

According to the association, such statements, when viewed alongside the sustained attacks on a Christian INEC chairman, raise legitimate questions about whether there is a deliberate effort to undermine Christian participation and confidence in the country’s political process.

Featured

Sit-at-Home: Soludo Threatens Anambra Traders with Forfeiture of Shops

Published

3 days ago

January 29, 2026

Eric

Anambra State governor, Prof. Chukwuma Soludo, has escalated the enforcement of his earlier directive to traders at Onitsha Main Market, warning that shops of defiant traders will be forcibly closed if they continue ignoring government orders to open for business on Mondays.

The development follows Soludo’s initial announcement on Monday, when he ordered a one-week closure of the market over traders’ persistent defiance of the state’s anti-Monday sit-at-home directive.

Addressing the situation during an on-the-spot inspection of the market this afternoon, the governor said past efforts to persuade traders had failed, and the government is now moving to a more assertive approach.

“If you deny 20% of workdays in a year, you are undermining our prosperity, job creation, and the economy. In 2022 and 2023, we fought it. In 2024 and 2025, we pleaded. But in 2026, we are shifting to gear 4, no backing down. Anyone who closes their shop, we will help them close it for one week. From next week, if they refuse to open by Monday, I will shut down the market and take over some of them,” Soludo declared.

He described traders’ repeated Monday closures as deliberate economic sabotage, stressing that the closure ordered on Monday was a protective measure for law-abiding citizens.

Security personnel, including the police, army, and other agencies, have been deployed to enforce the closure and maintain order. Soludo warned that non-compliant traders after the one-week shutdown risk a longer closure of up to one month.

The measure is part of the state government’s ongoing effort to end Monday sit-at-home practices, which have continuously disrupted economic activities across the South-East.

Featured

ADC Appoints Oyegun, Utomi, Bugaje, Others into 50-Man Manifesto Committee

Published

3 days ago

January 29, 2026

Eric

The African Democratic Congress (ADC) on Wednesday constituted a ”50-Member Wise Men and Women Policy and Manifesto Committee” chaired by Odigie Oyegun.

Bolaji Abdullahi, the party’s national publicity secretary, in a statement, said the constitution of the Policy and Manifesto Committee, followed the approval by the National Working Committee (NWC) of the party, led by David Mark.

The party revealed that this is in line with the party’s commitment to building a credible, people-centred, and forward-looking policy framework for national governance.

The party had earlier constituted the Committees to review membership register and draft a new Constitution for the party

According to the statement, “The Policy and Manifesto Committee brings together a distinguished group of Nigerians drawn from diverse backgrounds, including former public office holders, academics, technocrats, policy experts, civil society leaders, and professionals.