*File N50m suit against IG
By Alex Enumah in Abuja
Owners of properties at the XK Apo Layout, in Apo District of the Federal Capital Territory, Abuja at the weekend called on President Muhammadu Buhari to call the Inspector General of Police, Ibrahim Idris to order over an alleged illegal seizure and occupation of their properties by the police.
The owners who made the call during a protest against the action of the police, who had denied them access to their properties, accused the police of aiding the ENL Consortium Limited in preventing them from entering their properties, which were genuinely allocated to them by appropriate agencies.
The property in contention is put at over 200 plots of land. A property owner in the layout and a school proprietor, Mrs. Mary Sadoluwe, who spoke on behalf of the residents and land owners, told journalists during the peaceful protest that she operates a school in the layout until her school was demolished along with other buildings in the XK Apo Layout, Apo District of Abuja.
She disclosed that residents and property owners in the XK Apo Layout, Apo District took the matter to court and judgment was given in their favour, adding that they also secured victory at the Abuja Division of the Court of Appeal.
“After two weeks of occupation of the property, we were driven out by the same police that helped us to enforce the judgment of the court.
“We are calling on the government of Buhari, who is out to fight corruption to come to our aid by calling the police to order,†Sadoluwe said in tears.
Already, the group of landowners has filed a N50million fundamental right enforcement suit against the police boss over the alleged forceful, illegal seizure and occupation of their properties and lands by the police.
The plaintiffs, Yusuf Goya and Aminu Isah, representing the group called “Incorporated Trustees of Apo XK Extension Residents Associationâ€, made up of persons who were initially allocated over 200 plots of land in the XK Apo Layout, Apo District, Abuja had, in their suit filed on their behalf by their counsel, Valentine Offia want the court to order the Nigeria Police to vacate the premises of their properties.
A 13-paragraph affidavit in support of the suit, averred that following the judgment of the Abuja Division of the Court of Appeal delivered on 13th August 2014, the plaintiffs, in suit No. CA/A/462/2011 were adjudged to be owners of the property known as XK Layout, Apo District in Abuja.
In an affidavit of urgency deposed to by one, Florence Ebere Chukwudi, the court bailiffs and policemen, on October 12, 2017 enforced the judgment of the Appeal Court by evicting the judgment debtors, ENL Consortium Limited, from the property which was the subject of the dispute and handed same to the plaintiffs, who were the applicants in the present rights enforcement suit before the Abuja High court.
According to the plaintiffs, “From October 12, 2017, the applicants and other owners of the properties occupied and resided in peace until October 28, 2017 when the Police invaded the property, ejected the applicants and forcefully occupied it on behalf of ENL Consortium Ltd adjudged as defaulters by the Court of Appeal.
“That in addition to the forceful eviction, the Nigeria Police locked the gates that serve as the entry points to the land to prevent the applicants and other house owners from returning to their homes,†the affidavit stated and added that the action of the Police amounts to aiding the judgment debtors to contravene the judgment of the Court of Appeal.
The Minister of Federal Capital Territory (MFCT), Federal Capital Territory Administration (FCDA), Federal Housing Authority (FHA) and ENL Consortium Limited had been joined as 2nd to 5th respondents in the suit.
In the application for joinder, argued by their counsel, B. J Akomolafe, the parties said they will be affected in one way or the other by the outcome of the suit.
Police Commissioner (Legal), David Igbodo, counsel to the IG had, told the court that the police are in the property to prevent break down of law and order.
Further hearing in the matter had been adjourned till February 5, 2018.
