Connect with us

Featured

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

Published

on

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.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Featured

Certificate Forgery: Group Seeks Tinubu’s Disqualification from 2027 Election

Published

on

By

The Centre for Reform and Public Advocacy (CFRPA) has filed a suit at the Federal High Court in Kano seeking the disqualification of President Bola Ahmed Tinubu from the 2027 presidential election over allegations of certificate forgery.

‎According to court documents seen by Daily Trust, the plaintiff alleged that Tinubu presented forged academic certificates from Chicago State University and a fake National Youth Service Corps (NYSC) discharge certificate to the Independent National Electoral Commission (INEC) during the 2023 elections.

‎‎The suit, marked FHC/K/CS/312/2026, lists Tinubu, INEC, and Chicago State University as defendants.

‎The plaintiff contended that Tinubu never attended Government College Lagos as claimed, noting that the school was established in 1974, four years after Tinubu allegedly graduated.

The CSO further argued that Tinubu does not possess a valid secondary school certificate, which is the minimum constitutional requirement to contest for the presidency.

‎It claimed that INEC had failed to act on its petition dated June 19, 2026, demanding clarification on Tinubu’s eligibility.

‎‎In its statement of claims, the group referenced a 2023 U.S. court ruling in In Re: Application of Atiku Abubakar (No. 23 CV 05099), which compelled Chicago State University to release Tinubu’s academic records.

‎The plaintiff insisted those records revealed false entries and inconsistencies, including a forged University of Cambridge General Certificate of Education.

‎The prayers asked by the plaintiff included declaration of forgery against Tinubu’s Chicago State University certificate, issuance of an order directing INEC to disqualify him from the 2027 presidential election, directing CSU to strike Tinubu’s name from its records and perpetual injunction restraining INEC from uploading Tinubu’s name as a candidate.

‎The plaintiff also submitted affidavits of non-multiplicity of action, witness statements, and letters to the NYSC and the Secretary to the Government of the Federation, demanding disclaimers on the alleged fake NYSC certificate.

Continue Reading

Featured

Lagos Island Red Cross Holds Annual Thanksgiving Service

Published

on

By

By Eric Elezuo

The Lagos Island Division of the Nigerian Red Cross Society, has held its 2026 Annual Thanksgiving, to express gratitude for another year of provision of succor and comfort to as many that are in need.

The thanksgiving service, which was held at the Cathedral Church of Christ, Marina, Lagos, on the last Sunday of June, was led by the Division Coordinator, Chief (Olori) Aderonke Elegushi.

Speaking to The Boss on the activities of the Island Division of the Red Cross over the years, Olori Elegushi noted that it has been a thing of joy to be at the forefront of releasing the milk of human kindness to as many that needs it, and when they need it.

Coordinator, Lagos Island Division Nigerian Red Cross Society, Chief (Olori) Aderonke Elegushi (m), Vice Coordinator Abimbola Adeshile (2nd left), Secretary Ajibola Adu (2md right) and Saheed Ayinde Yusuf (1st right)

“This is what I love to do, and this is what the Red Cross is all about; lending helping hand and spreading love across borders, especially here in Lagos Island.

“In everything, we won’t forget our Maker, the Almighty God, through whose power we are able to do the little and much we can do. That explains why we here today to give thanks as it’s a tradition every year,” Olori Elegushi said.

Olori Elegushi also noted that as an not for profit organization, the Society seeks support well-meaning Nigerians and Lagosians to come to their aid so that the gospel of continuous lending of helping hand to the needy will continue unabated.

“We also seek the support of well-meaning individuals, organizations, and the Church in our efforts to expand our humanitarian activities. With adequate funding and partnerships, we can organize first aid and health awareness programmes for public school students, train more volunteers, equip communities with emergency preparedness skills, and carry out outreach programmes that will positively impact lives across our society,” she concluded.

Olori Elegushi, who will soon join the octogenarian club, was accompanied at the thanksgiving event, by Vice Coordinator Abimbola Adeshile, Secretary Ajibola Adu, Saheed Ayinde Yusuf, and a host of other members, dressed in their sparkling white uniform.

The Red Cross Society is an international organizational saddled with the responsibility of providing healthcare services among other humanitarian services to the people of the world. The Society is domiciled in every part of the world.

Continue Reading

Featured

Insecurity: Adeboye, Oyedepo Urge More US Military Action in Nigeria

Published

on

By

The General Overseer of Redeemed Christian Church of God (RCCG), Pastor Enoch Adeboye, and Founder of Living Faith Church Worldwide, Bishop David Oyedepo, have thanked U.S. President Donald Trump for recent military action against terrorism in Nigeria, urging Washington to do more to halt the unrelenting attacks.

Both clerics spoke at the “Faith Heroes Award Gala” in Washington D.C. on June 26, 2026, organised by Save Nigeria Group USA, SNGUSA, with the US-Nigeria Civil Society Coalition.

The event honoured Trump, Congressmen Chris Smith and Riley Moore, and other advocates of religious freedom in Nigeria.

Addressing a packed audience of activists, policymakers and faith leaders at the Hilton Garden Inn, Capitol Hill, Adeboye said the scale of violence has moved beyond what any religious leader can handle alone.

“Terrorism is now at my doorstep,” he said. “If you want to help us, help us more.”

The RCCG leader, who had faced criticism for not speaking out earlier, said he chose “spiritual warfare” instead of public escalation. He noted that Trump’s December strikes on terrorist camps did not surprise him because the U.S. President had warned of consequences.

Continue Reading

Trending