Alex Enumah in Abuja
A firm, DB Mangal Limited has dragged the Special Presidential Investigation Panel on Recovery of Public Property (SPIP), headed by Okoi Obono-Obla, to the Federal High Court in Abuja over an alleged takeover of a multi-million naira property belonging to it.
The plaintiff, DB Mangal Limited in the suit is seeking for an order of the court stopping the panel from sealing off its property and forcefully ejecting, harassing and intimidating the occupants of the building.
In the originating summons marked FHC/ABJ/CS/570/2019, DB Mangal Ltd is urging the court to determine whether going by the provisions of the Public Property (Special Provisions) Act Cap. R4 Laws of the Federation of Nigeria (LFN) 2005, the Obono-Oblah-led panel is empowered to investigate issues bothering on ownership title and which had been adjudicated upon and determined by a court of competent jurisdiction.
The defendants in the suit are the Petroleum Financial Corporate Ltd, Minister of the Federal Capital Territory (FCT), and the Federal Capital Development Authority (FCDA).
Both the Federal High Court and the Court of Appeal had in their judgments held that the panel lacked the power to prosecute crimes bordering on non-declaration of assets.
Specifically, the Court of Appeal in a unanimous judgment delivered by Justice Hussein Muhktar, also held that the panel lacked the constitutional power to seize property of alleged offenders without valid court order.
In the instant suit filed by Shehu Wada, the plaintiff prayed the court for an order directing the panel to immediately vacate and cause to be removed the inscription “SPIP Under Investigation” pasted and inscribed on various places on its property described as Plot 1405, Cadastral Zone AO5, Maitama, Abuja.
Attached to the suit as exhibits include title documents including a Certificate of Occupancy (Cof O) no: 1951W-14fz-64cbr-10220-20 registered as No. 18125 in volume 90 of the Certificate of Occupancy Register in the Lands Registry Office, at Abuja, dated October 31, 2006 and undersigned by the then FCT Minister, Mallam Nasir Ahmed El-Rufai.
Also attached to the originating summons is Certified True Copy of the judgment of Justice Ugochukwu Ogakwu of the FCT High in suit FCT/HC/238/2006 between the plaintiff and the defendants delivered on February 2, 2012, which held that the title to Plot 1405 Cadastral Zone AO5, Maitama, Abuja validly belong to the plaintiff.
The Obla panel had on Wednesday last week handed over the said property to the National Board for Technical Education (NBTE) in a controversial circumstance, despite the pendency of the suit.
Before the handover, the panel had last month placed the property housing the Nigeria Extractive Industries Transparency Initiative (NEITI) under investigation.
The property, Murjanatu House, which is being managed by Zamani Estate Agency and Property Ltd, also houses branches of First Bank Nigeria Ltd and Standard Chartered Bank, among others.
Meanwhile, no date has yet been fixed for hearing of the suit.
