Justice Mohammed Zubairu of High Court of the Federal Capital Territory, on Friday, reserved ruling in two separate motions seeking to join in a suit filed by Paulo Homes Ltd, challenging the report of a Ministerial committee set up by the FCT Minister, Barr. Nyesom Wike, over a disputed estate property in Abuja .
Paulo Homes Ltd who filed the suit is seeking judicial review of the report, and an order of court quashing the report in it’s entirety for delving into the ownership feud of River Park Estate, a subject matter pending in various courts of competent jurisdictions.
Surprisingly on Friday two factions emerged from( Jonahcapital Nigeria Ltd) seeking to be joined in the suit as the 3rd Respondent (Jonahcapital Nigeria Ltd) and another as Co-applicant (Jonahcapital Nigeria Ltd).
The trial court judge , Justice Zubairu who heard both motions for joinder thereafter reserved ruling .He announced that a date will be communicated to all parties when the ruling is ready; having taken time to hear counsel move their various applications seeking to join in the matter.
At a resumed sitting on Friday,
A.A Malik (SAN), announced appearance for the Applicant, while Emmanuel Ukala (SAN), represented the FCT Minister and FCTA, who are 1st and 2nd Respondents in the matter.
Sunday Ameh (SAN) also represented the party seeking to be joined as 3rd Respondent (Jonahcapital Nigeria Ltd) in a motion marked M/12354/2025, just as Ojonimi Apeh, announced appearance for party seeking to be joined as Co-applicant (Jonahcapital Nigeria Ltd), who was represented in court by it’s founder and Director, Dr Adeniran Ogunmuyiwa.
Apeh’s motion for joinder was dated 22 October and filed on the 23rd, seeking to join as Co-applicant, was accompanied by an 80 paragraph affidavit, 21 exhibits and a written address.
While urging the court to grant the reliefs sought in the motion, Apeh I don’t
drew the attention of the Judge to a Developement Lease Agreement, showing that Dr Ogunmuyiwa is the founder of JonahCapital.
Among the 21 documents, Apeh exhibited a copy of Police forensic report, press release by the Police, copy of Police investigation report, Charge sheet etc filed by the Nigerian Police over alleged corporate forgery, impersonation etc against those claiming ownership of Jonahcapital Nigeria Ltd.
Relying on all the exhibits and processes, Apeh therefore urged the court to admit his client as co-applicant.
Reacting, Ukala said he filed a counter affidavit in opposition to the motion for joinder on November 5, for being incompetent because it didn’t fulfill requirements of Order 13 Rule 19 of the court.
On his part, counsel to the 1st Applicant, Malik said he didn’t file any counter affidavit but a written address dated and filed on November 6, urging the court to do justice to the application.
More so, Apeh informed the court of his further affidavit, filed on November 6, and urged the court to discountenance both the submission and further counter affidavit filed by Ukala for the1st and 2nd respondents.
Apeh submitted that Order 13 Rule 19, does not apply to the instant case, arguing that jurisdiction is “substantive and procedural” in law.
In addition, Apeh contended that both the counter affidavit and further affidavit filed by Ukala violated the provisions of Section 115 of the Evidence Act.
“Everything the deponent (the General Counsel FCT) averred are all hearsay and therefore not tenable. All those adumbration by counsel to the 1st and 2nd Respondent, having not been contained in the written address should be discountenanced.
“Having not filed a counter affidavit to all our depositions, they are deemed true and uncontroverted, Apeh submitted.
Recall that on the last date of adjournment, being November 5, the court heard the motion filed by Sunday Ameh (SAN) seeking to be joined as 3rd Respondent.
Ameh said his motion marked M/12354/2025, was filed 10th October, seeking the joining of Jonahcapital as 3rd Respondent in the suit marked FCT/HC/CV/3643/ 2025.
With four prayers, 12 grounds and a 25 paragraph affidavit deposed to one Victor Quianoo, Ameh urged the court to grant the application because all counter affidavits in opposition are incompetent.
Reacting, Malik said he filed a counter affidavit containing 23 paragraphs after being served with the application for joinder.
He urged the court to discountenance Ameh’s argument that his counter affidavit was filed out of time.
“It was erroneous because affidavit of service bears eloquent testimony that the respondent/applicant was served on 6th October. Head or tail, the applicant loses based on mathematical computation. Public holidays and weekends are discounted on computation, Malik argued.
“By virtue of provisions of order 30, every application must be supported by a competent affidavit.
“The Application to join is totally incompetent and they kept mum and did not respond to all our copious submission of law.
“Fundamentally, if the court allows the application, the court has wittingly or unwittingly decided the main issue before the courts for determination.
“Whether the deponent is who he claims to be is an issue that is already subjudiced before twi courts. Significantly, the deponent is a party to those suits and issues have been joined as to whether or not he is a Director in Jonahcapital.
“Exhibit PS5 is a charge sheet filed by the IGP against this same deponent and 4 others. Part of the issues before the court is whether or not this deponent is an impersonator. At some point, the deponent held out himself as a Nigerian at CAC, and on the other time, a Ghanaian. That constitutes part of the counts in exhibits before the court.
“Issue of forgery is before a court and that’s part of the reason they were charged, and they are coming for the court to indulge them, to come and do what?
“JonahCapital gave irrevocable Power of Attorney to Paulo Homes, Malik stated.
He therefore urged court to discountenance Ameh’s further affidavit because virtually all the depositions constituted unpardonable infractions on the Evidence Act, “which forbids deponents from making conclusion on laws, legal argument, prayers.
Malik therefore urged the court to refuse and dismiss Ameh’s application to be joined as 3rd Respondent.
Ukala did not oppose Ameh’s joinder application.