Court Refuses to Vacate Order Halting Demolition of Kpokpogri’s House

Alex Enumah in Abuja

Justice Charles Agbaza of a High Court of the Federal Capital Territory (FCT) in Maitama, Abuja, on Friday, refused to vacate his earlier order halting the further demolition of the residence of Abuja socialite, Prince Joseph Kpokpogri.

The court had on July 7 restrained the Minister of the FCT, Muhammad Bello, from further demolition of the said property located in the FCT pending the hearing and determination of the claimant’s case before the court.

At Friday’s proceedings, the FCT Minister had through his lawyer, Mr. Y. Abubakar, urged the court to vacate the restraining order which he said ought to elapse after seven days.

“It is exactly eight days after the order was made. The Rule of this court provides that such order shall abate after seven days and there is no formal application for its extension”, Abubakar submitted.

However, counsel that represented the claimant, Mr. Richard Ebie, urged the court to revalidate the order which he argued had no definite lifespan until the determination of the case.

“There is no formal application before this court for the ex-parte order made on July 7 to be vacated.

“This is a case where a party had on its own, decided to take laws into his own hands. If the order is set aside that means they will have a leeway to continue the demolition”, Ebie added.

Responding, Justice Agbaza agreed with the submission of Kpokpogri’s lawyer and stated that the order would subsist until the hearing and determination of the suit.

The judge held that, “This court has the powers to grant an extension of the order in exercise of its discretion so as to preserve the Res (subject matter) of this suit.

“It will serve the interest of justice to allow the order to remain alive until the determination of the matter. Accordingly, this matter is hereby adjourned till September 12.”

Kpokpogri’s lead lawyer, Chief Mike Ozekhome, SAN, had at the last adjourned date, told the court that some persons from the Federal Capital Development Authority (FCDA), had on May 14, invaded his client’s residence, “accompanied by a multitude of heavily armed policemen and bulldozers and excavators”, and commenced the demolition of his house, beginning with the boys quarters.

He told the court that agents of the FCDA threatened to return for total demolition of Kpokpogri’s house, even though they failed to give any reason for their action.

Consequently, Ozekhome begged the court to intervene in the matter in the interest of justice.

Aside from the FCT Minister, other Defendants in the suit are the Federal Capital Territory Administration and the Federal Capital Development Authority, Abuja Metropolitan Management Council, Federal Housing Authority, and the Attorney General of the Federation.