Hon. Justice Peter Affen, of the High Court of the FCT, Maitama, after hearing the closing statements for the defendants and plaintiffs, adjourned for final judgment at a later date.
In the suit number CV /694 /14, Messrs Bolade Oyebolu, Juwon Adenuga, Adelowo Adesola, Sobo Onasanya, on behalf of themselves and 34 other owners of land within the Kuruduma Layout of the FCT brought a case against the Federal Capital Development Authority and the Minister of the FCT.
The Plaintiffs are asking the court not to allow the Defendants to dispossess them of the Kuruduma land which they acquired by proper, legitimate and valid means.
The Counsels for both sides closed their arguments on Thursday January 28, 2016.
Although the counsel for the defendants [the FCDA and the minister of the FCT], insisted that Kuruduma District did not exist, Mr Valentine Offia, for the Plaintiffs argued that his clients had submitted numerous documents issued by the different agencies and departments administered by the Defendants including but not limited to Abuja Geographical Information Systems, AACTRIS, Surveys, Right of Occupancy while the defendants were unable to produce any evidence to support their case despite the fact that they are the sole authority on charting and mapping the FCT.
Mr Offia further argued that the burden of proof was on the FCDA and the Minister of the FCT; and therefore, their inability to come up with any evidence to disprove the Plaintiffs’ claims must be construed as an act of suppression of evidence.
He further pointed to the contradiction in the defence put forward by the FCDA, which had in its earlier sworn affidavit, referred copiously to the existence of Kuruduma and had acknowledged that indeed plots were allocated, only to change tactics at a later time, albeit in this same case, and deny the very existence of Kuruduma…
Quoting several legal authorities, Mr Offia stated that “the defendants must not be allowed to speak from the two sides of their mouths”
After decades, the rapid expansion of the City Centre has made the development of infrastructure to be proximate to the satellite districts such as Lugbe and Kuruduma, thus making them attractive and desirable areas.
This, analysts say may have culminated in the desire of the FCDA to renege on its previous valid, legal, constitutional & authorised allocations and thus deny the existence of its own Districts and reallocate these areas to “Developers” as new developments!
This has been the subject of numerous litigations such as Blessed & Precious Children Academy Limited vs Federal Capital Development Authority decided in favour of the Plaintiff by Hon. Justice Peter Affen in 2011.
Mr Offia concluded, by asking the court to grant his clients’ prayers in the interests of a fair, ethical nonpartisan and equitable society free from praetorian, duplicitous and fraudulent practices.
Judgment is expected within 90 days.
