A Federal Capital Territory (FCT), High Court sitting in Jikwoyi district Abuja has stopped the Federal Government and Federal Capital Development Authority (FCDA) and agents from demolishing Trademore Estate Lugbe, Abuja.
The order was sequel to an exparte application filed by Prof Mike Ozekhome,SAN, on behalf of Trademore Estate but argued by Benson Igbanoi.
The application followed a suit filed by Trademore against some Federal Government functionaries and agencies:Hon Minister of FCT, the Federal Capital Development Authority ( FCDA), the Abuja Metropolitan Management Council ( AMMC ) and the Abuja Municipal Area Council ( AMAC ) who have issues threats to further demolish Trademore Estate,Lugbe,Abuja over issues concerning flooding of the estate.
Justice Zubairu Mohammed granted Trademore International Holding Nigeria Ltd ( developers of Trademore Estate, Lugbe,Abuja ), an order for maintenance of status quo and an interim injunction restraining all the federal government defendants and their employees, agents, officials,privies .
The order also covers “all those purporting to be acting for them or deriving title from them,and any other persons howsoever and whomsoever called,from trespassing, or further trespassing on,demolishing or further demolishing Trademore Estate, known as Plot 1981, Sabon Lugbe, Abuja.”
The judge specifically ruled as follows:
“The application Ex-parte dated and filled 7 july, 2023 is hereby granted as prayed to wit: restraining the Defendants, whether by themselves, agents, employees. officials, privies, and all those purporting to be acting for them or to have derived title from them. or other persons howsoever and whomsoever called from trespassing on or further trespassing on, demolishing. or further demolition of all that Trademore Estate Lugbe. Abuja. Known as Plot 1981, Sabon Lugbe, Abuja, and other appurtenances thereof at Lugbe. Abuja, with the buildings and appurtenances thereon, or from evicting the occupants of the said property from it. or in any way interfering with the Plaintiff’s exclusive “
He also specifically granted the second prayer asked for,to wit, that ” all parties maintain status quo,while the Motion on Notice and Writ of Summons be served on the Defendants forthwith”.
Trademore Estate in the writ of summons asked the court to restrain the Hon Minister of FCT, the Federal Capital Development Authority ( FCDA), the Abuja Metropolitan Management Council ( AMMC ) and the Abuja Municipal Area Council ( AMAC ) from demolishing the estate with the buildings and appurtenances thereon; or evicting the occupants from the said Trademore Estate.
The plaintiff also asked the court to restrain all the defendants “from trespassing on in any manner howsoever, into the Trademore Estate, Lugbe,Abuja; or from carrying out any further or fresh demolition exercise of any structures or buildings in the said estate; or in anyway interfering with the plaintiff’s exclusive right of ownership and possession of the said property.”
Trademore Holding in the main suit complained to the court about earlier illegal,wanton and unconscionable demolition of buildings belonging to innocent occupants in the estate by agents of the Defendants .
Plaintiff are claiming that it was manifestly clear that the three floodings ever experienced in the estate since it was built in 2007,were all caused,not by the Plaintiff or occupants of the estate, but by acts of gross negligence occasioned by the Defendants; or through outright inaction by agents of the Federal Government, by refusing to implement any of the anti-flooding measures jointly devised and agreed upon at various meetings and through several correspondences by representatives of the Federal government and Trademore Holding International Ltd ( owners of theTrademoreEstate ).
The Plaintiff argued,amongst others, that if the Defendants through the Ecological Fund had not built a very narrow carnal instead of a huge bridge to allow free passage of water coming from a now broken down and disused dam that runs through several adjoining settlements, coupled with several unstrained excavatory acts of other developers in the area, there would have been no incidence of flooding in the estate.
Trademore Holding therefore sought from the court an order of status quo and also an ex parte order of interim injunction restraining all the Defendants,or their agents, servants, employees
The Judge after the ruling adjourned the motion on notice for hearing to the 22nd of September,2023.