Alleged Illegal Demolition: Dismiss Kpokpogri’s suit, FCT Minister, FHA tell court

Date:

 

By Vivian Okejeme, Abuja

 

The Minister of the Federal Capital Territory, FCT, Hon. Muhammad Bello and the Federal Housing Authority, FHA, have asked court to discard suit challenging the alleged illegal demolition of the residence of Abuja socialite, Prince Joseph Kpokpogri.

 

However, the matter before the Federal Capital Territory, FCT, High Court sitting in Maitama, on Monday, fixed October 12 to hear a preliminary objection on the suit.

 

Kpokpogri, is among other things, praying the court to order the defendants to pay him aggravated and general damages to the tune of N2billion.

 

At Monday’s proceeding, the Defendants, had through their Counsel, Dr. Mubarak Adekilekan, insisted that the court has no jurisdiction to entertain suit, filed “by a lawyer not known to law”.

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The duo maintained that whereas Mike A. A. Ozekhome was the name on the seal of the Nigerian Bar Association, NBA, that was affixed on all the court processes, a search at the Supreme Court disclosed that such name does not exist in the nominal roll of lawyers.

 

They further argued that the plaintiff, Kpokpogri, whose house was demolished, failed to disclose any reasonable cause of action to warrant the exercise of the court’s discretion in his favour.

 

Relying on the above submissions, they asked the court to dismiss the suit.

 

However, counsel for the plaintiff, Dr. Benson Igbanoi, noted that the suit was originally fixed for the court to hear a motion his client filed for interlocutory injunctions against the defendants.

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Igbanoi said he was surprised that though the defendants filed the objection since August 12, they waited till last Friday to serve same on his client.

 

While accusing the defendants of deliberately frustrating the hearing of the suit, the plaintiff’s lawyer, urged the court to proceed with the business of the day.

 

In a short ruling, Justice Charles Agbaza held that once a preliminary objection is raised to challenge the jurisdiction of the court, such motion must be heard and determined first before any further step could be taken in the matter.

 

He, therefore, adjourned to hear the preliminary objection.

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It will be recalled that the court had on July 15, extended its order that restrained the FCT Minister from completely demolishing Kpokpogri’s residence.

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