Demolition: FCT High Court Adjourns FHA, Developer’s Case to May 6

An  FCT High Court sitting in Bwari, Abuja, has adjourned the case instituted by Tulwu Integrated Limited  against the Federal Housing Authority (FHA) and AIBEN Properties to May 6, 2026.

The defendants were dragged to court in Suit No: FCT/HC/BW/CV/227/25 over the alleged encroachment on a property located along 5th Avenue, 52 Road, Gwarinpa Il Estate, Abuja, belonging to Tulwu Integrated Ltd.

The matter came up for hearing on March 4, 2026, over the claimant’s application seeking an order of the court directing parties to maintain the status quo.

On January 6, 2026, the court, presided over by Justice M. A. Madugu, issued an order restraining the FHA and AIBEN Properties Ltd from encroaching on the Gwarinpa property.

During the sitting, Tulwu Integrated Properties Ltd, through its counsel Godwin Sunday Ogboji (SAN) and Abdulazeez Ibrahim (SAN), informed the court that it had filed an application for amendment and to vacate the earlier order granting amendment, and that the defendants were still within time to respond.

The claimant’s counsel moved their motion and prayed the court to grant the order directing the parties to maintain the status quo pending the determination of the suit.

 Counsel for the second defendant (FHA), Ademola Adeleyin Esq and Ayodeji Eoyede Esq, adopted his counter-affidavit and written address in opposition to the application.

The counsel for the claimant further applied for a date for a hearing of the claimant’s application for amendment.

The court obliged the application and adjourned to May 6 for the hearing of the claimant’s application for amendment.

The case started when AIBEN Properties Ltd encroached on Tulwu Integrated Ltd’s land in Gwarinpa and carved out about 6,000 square metres, allegedly with the backing of FHA officials.

After the alleged encroachment and demolition of parts of the fence of the land by FHA and AIBEN, the company rushed to the FCT High Court and obtained an order restraining the defendants from the FCT High Court on July 1, 2025.

Despite the court order, on December 15, 2025, armed police officers, accompanied by FHA officials, went to the land and demolished its fence again, during which the company’s pregnant managing director was allegedly assaulted.

Shortly after the demolition, the rival developer moved equipment onto the land at night and commenced excavation, prompting it to seek further court injunctions

While the FHA claims the original allocation was 16,000 square metres, with an alleged illegal encroachment of an additional 6,000 square metres, Tulwu Integrated Ltd insists that official documents clearly show the land measures about 22,000 square metres after survey.

According to the company, the land was initially allocated by the FHA to Savannah Suites & Restaurant Ltd and later assigned to Tulwu Integrated Ltd via a consent letter dated March 13, 2013. It added that subsequent surveys and approvals by the FHA revised the land size to over 22,000 square metres.

“The allocation letter itself stated that the land size was subject to survey, and after survey, the area was clearly stated as over 20,000 square metres,” the company said.

Tulwu Integrated Ltd also cited a Change of Use approval issued by the FHA in July 2023, which, it said, expressly recognised the land size as 22,017.233 square metres.

The company stated that since acquiring the land in 2013, all official correspondence, billings, and receipts from the FHA have consistently reflected the larger land size.

“The allocation letter itself stated that the land size was subject to survey, and after survey, the area was clearly stated as over 20,000 square metres,” the company said.

Tulwu Integrated Ltd also cited a Change of Use approval issued by the FHA in July 2023, which, it said, expressly recognised the land size as 22,017.233 square metres.

The company stated that since acquiring the land in 2013, all official correspondence, billings, and receipts from the FHA have consistently reflected the larger land size.

In May 2025, the company said it applied for development approval, submitting architectural and engineering designs, which were vetted and approved by relevant FHA departments. However, it alleged that the FHA failed to issue the bill required for payment to commence development.