By Adeleye Kunle
On Friday, an Abuja High Court sitting in Maitama extended the order prohibiting the Minister of the Federal Capital Territory, Hon. Muhammad Bello, from demolishing the home of Abuja socialite, Prince Joseph Kpokpogri.
The injunction was issued in response to an ex-parte application filed by Kpokpogri, a former lover of popular Nollywood actress Tonto Dikeh, through his legal team led by Chief Mike Ozekhome, SAN.
Justice Charles Agbaza ruled that the order would remain in effect until the hearing and determination of the Claimant’s suit before the court.
“In exercising its discretion, this court has the authority to grant an extension of the order in order to preserve the Res (subject matter) of this suit.”
“It will serve the interests of justice to keep the order in effect until the matter is resolved.” As a result, this case is hereby adjourned until September 12,” Justice Agbaza ruled.
The FCT Minister had asked the court, through his lawyer, Mr. Y. Abubakar, to lift the restraining order, which he claimed should have expired after seven days.
“The order was placed exactly eight days ago. “According to the Rules of this Court, such an order shall expire after seven days, and there is no formal application for its extension,” Abubakar stated.
Mr. Richard Ebie, counsel for the Claimant, urged the court to revalidate the order, arguing that it had no definite lifespan until the case was resolved.
“There is no formal application before this court seeking to vacate the ex-parte order issued on July 7.”
“This is a case where a party decided to take laws into his own hands on his own.” If the order is set aside, they will have more leeway to continue the demolition,” Ebie explained.
After hearing both sides, Justice Agbaza dismissed counsel’s oral application to the FCT Minister.
At the last adjourned date, Ozekhome told the court that on May 14, some people from the Federal Capital Development Authority, FCDA, invaded his client’s home, “accompanied by a multitude of heavily armed policemen, bulldozers, and excavators,” and began demolishing his house, beginning with the boys quarters.
He told the court that FCDA agents threatened to return for total demolition of Kpokpogri’s house, despite failing to provide any explanation for their actions.
As a result, Ozekhome pleaded with the court to intervene in the matter in the interest of justice.
Other defendants in the suit, in addition to the FCT Minister, are the Federal Capital Territory Administration and the Federal Capital Development Authority, the Abuja Metropolitan Management Council, the Federal Housing Authority, and the Attorney General of the Federation.
In particular, the court issued an order of interim injunction restraining the Defendants, either by themselves, agents, officials, privies, all those purporting to have derived title from them, or other persons howsoever called, from trespassing on or further trespassing on, demolishing, or further demolishing the property known as Plots 203 and 204, 27 Road, Gusape District, Apo Estate, Abuja, covered by letters
Kpokpogri is requesting that the court order the Defendants to pay him N2 billion in aggravated and general damages.
The Claimant stated in an affidavit that he is the beneficial owner and the person in exclusive possession of all that property known as Plots 203 and 204, 27 Road, Apo Estate, Abuja, covered by letters of allocation issued by Federal Housing Authority with Ref. No. FHA/BD/ES/APO/P.203 and Ref. No. FHA/BD/ES/APO/P.204, respectively.
“I fully completed the building on the said property and parked into it since 2021, and I have been living in the said property with my family therein until the building was demolished by the Defendant’s agents.”
“The Defendants did not issue or serve any stop work order notifying me to stop the construction of the building, despite the fact that the Defendants were aware of and supervising the construction of my building from the foundation to the completion.”
“I was never served with a demolition notice.” The 6th Defendant’s staff duly supervised the construction of the Plaintiff’s building on the property from start to finish, without raising any issues on the property.
“The Defendants never marked the property for demolition until one week before the demolition, on the 7th of May, 2022; and no reason was given for the marking of the building.”
“Before I realized what was going on, the agents of the 1st to 4th Defendants invaded my house vi et armis and accompanied by a swarm of heavily armed policemen, bulldozers, and excavators and began demolition of my house, boys quarters, and appurtenances thereto, at Plots 203 and 204, 27 Road, Apo Estate, Abuja.”
“I was at home on that fateful morning of May 14, 2022, when the agents of the first to fourth defendants arrived without warning with bulldozers and excavators to demolish my 6-Bedroom detached house, among other things.”
“The Defendants sought and obtained no court order before demolishing my house, and no court of law ever made any order to that effect.”
“The defendants simply acted arbitrarily and with reckless disregard for the harm, financial loss, mental and psychological trauma they were causing to me.”
“The brutality, savagery, and haste with which the demolition was carried out could only have been motivated by premeditated malice.”
“Despite my cries and pleas, I was not allowed to remove anything from my house, even though I was physically present.” All requests for a short period of time, say an hour, to remove items from the house fell on deaf ears.
“The Defendants provided no reason or explanation for the demolition.”
“The Defendants’ agents watched indifferently, and even enjoyed themselves, as my edifices were wantonly pulled down,” Kpokpogri lamented, even as he pleaded with the court to intervene and save a portion of his house that was still to be demolished.
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