An Abuja High Court on
Thursday declared as null and void the revocation of a plot of land allocated
to Turai Yar’Adua by the Federal Capital Territory.
The FCT had revoked the Abuja land allocation in
favour of Mrs Patience Jonathan, the current president’s wife.
Affen held that “the revocation issued by the
Minister of Federal Capital Territory, Sen. Bala Mohammed, was invalid, null
and void’’ and that the plaintiff’s (Turai’s) right of occupancy over the 1.84
hectares of land remained valid and subsisting.“There is no regular and proper
overriding public interest to warrant the purported revocation,’ the judge
ruled, adding that it was the dispute between the plaintiff and Mrs. Jonathan
that led to the purported revocation.
“The plot belongs to WAYEF, a site for the building
of the head office of the plaintiff’s pet project and so the dispute does not
amount to overriding public interest,’’ the judge said.
Affen said that the claim by the Attorney-General
of the Federation that the plot had earlier been allocated for the building of
the African First Lady Peace Mission was wrong.
“There is no evidence in all of the materials
before me that the land had been initially granted.
“The minister did not rely on the alleged error
while revoking the land but rather relied on evidence of overriding public
interest.
The judge said, “The disputed land, plot no. 1347
Cadastral Zone AOO, Central Business District, Abuja, FCT, was initially
allocated to Women and Youth Empowerment Foundation while Mrs Yar’adua was
First Lady.
“The minister of the FCT, Bala Mohammed, revoked
the allocation for what he described as ‘overriding public interest’.
“He then re-allocated the same land to Mrs Jonathan
for the building of African First Lady Peace Mission Headquarters on the 2nd of
November, 2011.
“The action of the FCT administration is not
tenable in law as it was done contrary to the rules and law, and therefore will
not stand.’’
Turai had approached the court seeking the
restoration of the plot allegedly taken by Patience.
The plaintiff said that the land allocated to WAYEF
on Feb 19, 2010, was being trespassed upon by the President’s wife and got a
court order dated March 5, 2012 restraining the defendants from affecting WAYEF
title and interest over the land.
Those joined as co-defendants in the suit are the
Minister of FCT, Federal Capital Administration, the Abuja Geographic
Information System, and the AGF.
Reacting to the court verdict on Thursday, Patience
said she was not involved in a land tussle with her predecessor as Nigerians
were made to believe.
The President’s wife made the clarification in a
statement by her spokesman, Mr. Ayo Osinlu.
Osinlu said the land which had been a subject of
litigation was between the Federal Capital Territory Administration and Hajia
Turai Yar’Adua’s non-governmental organisation.
He said neither the African First Ladies Peace Mission,
led by Mrs. Jonathan nor the President’s wife in her personal capacity was
joined in the suit.
Osinlu said, “Our office had repeatedly stated that
the land, which had been a subject of litigation, was between the FCT
Administration and Hajia Turai Yar’adua’s NGO, and neither the African First
Ladies Peace Mission, even though it is the original allottee of the land, nor
Dame Patience Jonathan, who is the sitting President of the continental body,
was joined in the suit.
“For purposes of emphasis, we wish to reiterate
that, the land in question was first allocated to the African First Ladies
Peace Mission, according to records available to us, during the tenure of Hajia
Turai Yar’Adua as President of the Mission.
“If in leaving office she had decided to depart
with the land, the FCT has taken appropriate logical action to retrieve the
said plot for the original allottee and purpose.
“To this extent, we wish to state categorically
that the judgment referred to in the media was not against the person of Dame
Patience Jonathan, and we will like the public and well-meaning Nigerians to
put the matter in its proper perspective for the purpose of accurate record and
common good.”
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