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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

Governor Adeleke Celebrates First Lady, Titilola Adebusola Adeleke @60

Published

15 hours ago

December 9, 2025

Eric

Governor Ademola Adeleke of Osun State has celebrated his wife, the First Lady, Chief (Mrs) Titilola Adebusola Adeleke, as she marks her 60th birthday, describing her as “a pillar of support and a symbol of discipline and morality”.

In a birthday message he personally signed, the governor recalled with nostalgia how the bonding started and how the good Lord blessed the relationship with innumerable achievements and successes , noting that “ the first lady stands for all that a man wants in a woman as to discipline, self control, courtesy among others.

While praising her humility, respect for fellow human beings and capacity to manage people, the governor commended the first lady for her consistent perseverance, her passionate support for the family and her huge contributions to his development and progress in all facets of life.

“My dear wife, you have always been there for me in rough and good times. You are a strong pillar of support who strengthens me in all spheres of life. You remain a paragon of beauty, self control and discipline in your private and public conduct.

“Ever since we met, you have demonstrated your deep love and affection for me. And in the last few decades, your contributions to the family growth and successes cannot be under-estimated. Your day is therefore blessed as you are a blessing to countless beings on this earth.

“As you mark your day in good health and strong heart, I pray to the Almighty God to continue to strengthen, protect and prosper you in all your endeavours. Together, we have been winning. I know and pray that we shall continue to win together.

“As you clock 60 today, I pray for more wisdom and strength as you contribute your own quota to the development of the family and our dear state. You are an indispensable partner as we paddle the canoe of the state ship for good governance.

“My dear wife, I truly love you and I say happy blessed birthday”

Featured

Sunny Irakpo Launches SILEC International Magazine in America

Published

2 days ago

December 8, 2025

Eric

Drug Use Prevention Advocate, Founder and President of SILEC Initiatives, and U.S. Department of State Exchange Alumnus, Ambassador Sunny Irakpo, has unveiled SILEC International Magazine (SIM), a groundbreaking media platform exclusively dedicated to reporting drug-related issues across Africa, the United States, and the global community.

The announcement was made during a strategic meeting with partners in New Jersey, where Ambassador Irakpo is currently participating in a series of community-based and public-safety initiatives to deepen his expertise in combating substance use disorders and illicit drug trafficking both in the United States and worldwide.

A First-of-Its-Kind Platform for Drug-Focused Journalism

Ambassador Irakpo emphasized that SIM is designed to shape public consciousness by promoting value-driven storytelling and providing credible information on the rising tide of drug abuse and illicit trafficking—a crisis he describes as “a looming danger destroying the vibrant youth populations of many nations.”

He noted that the magazine will spotlight the work of NGOs, CEOs, advocates, and policymakers, churches, and companies with strong social responsibility particularly from African perspectives, while amplifying influential voices and advancing global understanding of effective anti-drug efforts.

Drawing inspiration from media leaders such as Dele Momodu, Chairman of Ovation Media Group, and Dr. John Momoh, Chairman of Channels Television, Irakpo described SIM as “a beacon of hope and a tool for societal transformation.”

Recognizing U.S. Efforts Against Drug Abuse and Trafficking

Ambassador Irakpo commended the United States for its continued commitment to combating drug trafficking and addiction—efforts strengthened under previous and current administrations. He particularly noted that the U.S. government under President Donald Trump demonstrated “exceptional courage, political will, and capacity in confronting the opioid crisis and the destructive forces fueling illicit drug trade,” encouraging world leaders to emulate such resolve.

He reiterated that addressing substance abuse requires a combination of drug-demand reduction, citizen sensitization, international collaboration, and sustained public education.

A Platform With Social Impact and Youth Empowerment at Its Core

Irakpo highlighted SIM as a top-tier media platform that will not only drive awareness but also create employment opportunities for young people and support underprivileged students—particularly in Nigeria, where more than 20 million children remain out of school due to financial hardship.

He added that SIM will serve as a sustainability engine for the ongoing anti-drug overdose campaigns of SILEC Initiatives, a leading nonprofit that has educated and sensitized communities for nearly two decades.

Experienced Editorial Leadership

As SIM prepares for its U.S. take-off, Irakpo announced the appointment of veteran journalist Julius Eto as Chairman of the Editorial Board. Eto brings more than four decades of experience across Nigeria’s premier news organizations, including The Guardian, ThisDay, The Punch, Daily Times, and The Trumpet.

He will be joined by distinguished academics including Prof. Oscar Odion Odiboh and other seasoned professionals committed to advancing the magazine’s mission.

A Call for Media Reawakening and Global Collaboration

Ambassador Irakpo called for a media renaissance in Nigeria to strengthen societal values and elevate African leadership in global discourse. SIM, he said, intends to claim its rightful place as “an African voice on the world stage.”

With the official launch of SILEC International Magazine (SIM) scheduled for the first quarter of 2026 in the United States, Ambassador Irakpo extended an invitation to corporate organizations, development partners, and well-meaning individuals worldwide to support this far-reaching vision.

“With hope, determination, and the resilience symbolized by the eagle, SIM is prepared to soar across the globe. Members of the public are respectfully enjoined to visit our friendly, rich anti-drug abuse website, www.silecinitiatives.org.ng,” he added.

Featured

How Tinubu Helped to Crush Military Coup in Benin Republic – Presidency

Published

2 days ago

December 8, 2025

Eric

The Presidency, on Sunday night, said acting on the two requests by the authorities of Benin Republic, President Bola Tinubu ordered Nigerian Air Force fighter jets to enter the country and take over the airspace to help dislodge the coup plotters from the National TV and a military camp where they had regrouped.

The Presidency, in a statement by Special Adviser to the President on Information and Strategy, Bayo Onanuga, said President Tinubu commended the swift response of the gallantry of Nigeria’s military.

The statement read: “President Bola Tinubu has commended the gallantry of Nigeria’s military on Sunday for responding swiftly to the request by the Government of Benin Republic to save its 35-year-old democracy from coup plotters who struck at dawn today.

“Acting on two separate requests from the Government of Benin, President Tinubu first ordered Nigerian Air Force fighter jets to enter the country and take over the airspace to help dislodge the coup plotters from the National TV and a military camp where they had regrouped.

“The Republic of Benin, through its Ministry of Foreign Affairs, in a Note Verbal, requested immediate Nigerian air support “in view of the urgency and seriousness of the situation and to safeguard the constitutional order, protect national institutions and ensure the security of the population.”

“In the second request, the authorities in Benin requested the deployment of Nigerian Air Force assets within Beninoise airspace for surveillance and rapid intervention operations under Benin-led coordination.

“The Benin government also requested Nigerian ground forces, “strictly for missions approved by the Beninese Command authority in support of the protection of constitutional institutions and the containment of armed Groups.”

“Nigeria’s Chief of Defence Staff, General Olufemi Oluyede, said all the requests have been fulfilled, with Nigerian ground forces now in Benin.

“Ours is to comply with the order of the Commander-in-Chief of our armed forces, President Tinubu,” he said.

He further stated: “Constitutional order was upended in the Republic of Benin, Nigeria’s neighbour, when some soldiers led by Colonel Pascal Tigri announced a coup on Sunday morning. The putschists seized the National TV and claimed they had toppled President Patrice Talon and suspended all democratic institutions.

“It took some hours before the government’s loyal forces, assisted by Nigeria, took control and flushed out the coup plotters from the National TV.

“In his remarks after the restoration of the democratic and constitutional order, President Tinubu saluted the Nigerian armed forces for standing firm as a protector and defender of democracy.

“Today, the Nigerian armed forces stood gallantly as a defender and protector of constitutional order in the Republic of Benin on the invitation of the government. Our armed forces acted within the ambit of the ECOWAS Protocol on Democracy and Good Governance.

“They have helped stabilise a neighbouring country and have made us proud of their commitment to sustaining our democratic values and ideals since 1999. Nigeria stands firmly with the government and people of the Republic of Benin.”