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.
The court therefore revoked the notice
of revocation issued to Turai by the FCT Administration on the plot with
the judge, Peter Affen, ruling that taking the land from Turai, wife of
the late President Umaru Yar’Adua and reallocating same to Mrs.
Jonathan served no public interest.
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.
PUNCH
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