FCT Mechanics, Artisans Accuse FCDA of Demolition of Shops Despite Pending Suit

Alex Enumah in Abuja 

Mechanics and spare parts dealers in the Federal Capital Territory (FCT), Abuja have accused the management of the Federal Capital Development Authority (FCDA) of illegally demolishing 50 shops located at Kubwa Mechanic Village in Bwari Area Council, Abuja, while the case is still pending in court. 

In a suit marked FCT/HC/CV/157/2018, filed by their lawyer, Chief Oba Maduabuchi (SAN), the claimants numbering 288 listed the Minister of Capital Territory (FCT), Federal Capital Development Authority (FCDA) and Leon Energy Limited as defendants.

Maduabuchi accused the defendants of embarking on acts of illegality by demolishing the shops belonging to his clients when the matter is before a competent court of law. 

According to him, the mechanics, spare parts dealers and artisans were allocated lands by the FCDA to develop and build their shops and workshops after due processes and making necessary payments to the second defendant.

“That having paid all monies demanded from my clients and met other conditions stipulated by the 1st and 2nd defendants, his clients went into the site as allocated, planned and designated.”

In their statement of claim, the claimants who are mechanics, furniture and spare part dealers in Kubwa in Bwari Area Council, averred that they were allocated the piece of land, which they went ahead to develop in line with FCDA approved plans, but later noticed encroachment on their property which they approached the court.

The claimant in the suit in concurrent writ are seeking a “declaration that the claimants are and remains the legal owners of the vast plots of land at Kubwa Mechanic Village, said land having been allocated to the claimants by Mallam El-Rufai and captured in the TOP dated June 30, 2005, designed by Wale Labiyi (Ag DD Development Control), recommended by  J. A Kwashie (Director Development Control}, forwarded by Engr. S. Alhassan (Executive Secretary Federal Capital Territory) approved/signed by the Honourable Minister Mallam El Rufai, same not having been validly revoked according to law. 

“A declaration that the claimants are entitled to certificate of occupancy in respect of the plots of lands allocated to them in so far the claimants are erecting their various building plans approved by the 15th and 29 defendants. 

“A declaration that the structures/fences being erected by the 5th defendants at a part of the Kubwa mechanic village constitutes encroachment on the vast portion of land allocated to the claimants 

“A declaration that the claimants are entitled to access road and/or rig of an easement to and from the vast portion of land allocated to them by the Minister of the Federal Capital Territory for the construction of the permanent site. 

“An order of injunction restraining the defendants, their agents, privy employees, and assigns from destroying, encroaching, trespassing pulling down, or in any way whatsoever interrupting the claimants’ qui possession, control, and ownership of the vast portion of land allocated to the claimants for construction of their permanent site as artisans. 

“An order of injunction restraining the defendants, its agents, privy employees, and assigns from destroying, pulling down, or in any way whatsoever interrupting the claimants’ possession control and owners of the shops and structure now being erected and built by the claim at Kubwa Mechanics Village and which were allocated variously to claimants by the 1st and 2nd defendants. 

“An order of injunction restraining the defendants, its agents, employ servants and privies from blocking the access road into the vast pool of land allocated to the claimants as the mechanic village.”

But in their statement of defence, the FCDA, through its counsel, Uche Ofodile, said the demolished shops were being built without approval in the district of the FCT.

Ofodile said no structure with the requisite approvals and being built in line with the dictates of the law is ever marked for demolition or removal.

Meanwhile, Justice F.E. Messiri of the FCT High Court sitting in Jabi, has fixed January 30, 2024 for continuation of hearing.

ReplyReply allForwardAdd reaction