Daughter of former President Umaru Musa Yar’ Adua, Mrs Zainab has filed a legal action at the High Court of Federal Capital Territory against Minister of the Federal Capital Territory and three others over a disputed plot of land in Abuja.
Specifically, Mrs Zainab is seeking the sum of N500 million as general damages against the FCT Minister and other defendants.
She is equally asking the court to grant an order of perpetual injunction restraining the 1st and 2nd defendants and their agents from laying claim to the property.
The claimant through her company, Marumza Estate Development Company Limited, is laying claim to ownership of plot 506, Cadastral Zone B09, Kado District, Abuja.
But the ownership claim was voided by the Federal Capital Development Authority FCDA upon discovery that the irrevocable power of attorney used to procure the land through alleged donation was forged, prompting her to file a suit to challenge the action.
Mrs Zainab, an ex wife of former Kebbi Governor, Saidu Dakingari through her company, Marumza Estate Development Company Limited sued another Company, Itban Global Resources Limited, its founder, Halliru Saad Malami, FCT Minister and the Federal Capital Development Authority (FCDA) as 1st to 4th defendants respectively over the disputed land.
Mrs Zainab filed the suit through her counsel, Chief Sebastine Hon (SAN).
She claimed that the plot of land was donated to her through an irrevocable power of attorney executed at the Federal Capital Development Authority FCDA by Itban Global Resources Limited through a purchase.
In a writ of summons dated June 24, 2021, with suit number: CV/1270/2021, Ms Yar’Adua’s company, urged the court to order the 1st defendant, Itban, who had allegedly given an “irrevocable power of attorney” over the disputed property to surrender the land to her firm.
She added that having been issued with irrevocable power of attorney on the plot of land, Itban Global Resources Limited had transferred its interest in the land to her own company, Marumza Estate Development Company Limited.
The claimant urged the court to make an order compelling Itban Global Resources Limited, 1st defendant and its directors including Alhaji Malami (2nd defendant) to execute within 72 hours of the delivery of judgment on the matter, a “Deed of Assignment in favour of her company.
She further sought an order compelling the FCT Minister and the FCDA, to do all that is necessary to vest the legal ownership of the disputed property in her within 30 days from the delivery of the verdict.
However, in a counter-affidavit by Mr Malami and his company filed by their counsel, Dr Remi Peter Olatubora (SAN), they alleged that Ms Yar’Adua, using one Sani Rabo and others as “fronts,” unlawfully procured documents pertaining to the disputed property in the name of the 1st and 2nd defendants respectively.
Itban alleged that one Sani Rabo, who knew history of the land, conspired with the claimant to forge letters, power of attorney, resolutions, among others to fraudulently transfer ownership of the land to the claimant.
However, the presiding judge, Justice Olukayode Adeniyi declined granting an injunctive order against the defendants but instead ordered parties to move into the substantive matter.
The Judge held that request for injunctive order at the present stage of the suit would not only delay the hearing of the matter but will affect the substantive claims and counter claims in the case.
Based on agreement by parties, the Judge ordered that status quo be maintained pending the resolution of issues in dispute.
The court ordered hearing into the case and adjourned it’s definite hearing till October 12, 13 and 15, 2021.