Court Halts FG’s Demolition of Kpokpogri’s House
Alex Enumah in Abuja
Justice Charles Agbaza of a High Court of the Federal Capital Territory (FCT), yesterday restrained the Minister of the FCT, Hon. Muhammad Bello, from further demolishing the residence of Abuja socialite, Prince Joseph Kpokpogri.
Justice Agbaza gave the restraining order in ex-parte application made in favour of the applicant, who is a former lover of popular Nollywood actress, Tonto Dikeh.
Kpokpogri, in the application argued by his team of lawyers led by Chief Mike Ozekhome, SAN, stated that some persons from the Federal Capital Development Authority, (FCDA), had on May 14, invaded his residence, “accompanied by a multitude of heavily armed policemen and bulldozers and excavators”, and commenced the demolition of his house, beginning with the boy’s quarters.
According to the applicant, the agents of the FCDA threatened to return for total demolition of his house, even though they failed to give any reason for their action.
Ozekhome accordingly urged the court to intervene in the matter, in the interest of justice.
Ruling in the application, the court held that the case of the applicant was meritorious and accordingly granted all the reliefs sought.
“I have carefully perused the affidavit of the applicant and also listened to the counsel. This court finds merit in the application and it is satisfied that the applicant has fulfilled all the conditions to warrant the exercise of discretion in his favour.
“The application has merit and it is accordingly granted”, Justice Agbaza held.
Meanwhile, the court directed the service of the order on all the defendants in the suit and fixed July 15 for hearing in the substantive matter.
Others restrained alongside the FCT Minister include; the FCTA, FCDA, Abuja Metropolitan Management Council, Federal Housing Authority, and the Attorney General of the Federation.
Specifically, 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 of allocation issued by the Federal Housing Authority with Ref. No. FHA/BD/ES/APO/P.203 and Ref. No. FHA/BD/ES/APO/P.204 or from evicting the occupants of the said property or in any way interfering with the plaintiff’s exclusive right of possession of the said property pending the determination of the motion on notice.
In the substantive 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.
In an affidavit he personally deposed to, Kpokpogri, told the court that he
is the beneficial owner and the person in exclusive possession of all the 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 respectfully.
He told the court that he is entitled to the statutory right of occupancy and exclusive possession of the said plots, which he said were lawfully acquired from two separate individuals, Barr. Muyideen Obans and Mrs Alaba Akindele, who were the original allottees of the lands from the (AGF) 6th Defendant.
