By Ikechukwu Nnochiri
ABUJA– A High Court of the Federal Capital Territory, FCT, sitting at Maitama, on Tuesday, slated November 13 to hear a dispute surrounding the Apo Resettlement Market Scheme.
Justice Halilu Yusuf directed all the parties to exchange the necessary processes to ensure the expeditious determination of the case.
At the center of the dispute is plot 1729, Cadastral Zone E27, Apo District, Abuja, where a multi-billion-naira market project is being developed.
Two developers- Dr. Shuaibu Musari and Techs & Concretes Nigeria Ltd- who were initially listed as defendants in the suit marked: CV/467/2024, are praying the court to award the sum of N850million to them as punitive cost against the Abuja Municipal Area Council, AMAC, Investment Development Company Ltd and two others.
In a motion they filed through their team of lawyers led by Mr. Realwan Okpanachi, the defendants alleged that the market project was continued in disobedience to a subsisting order the court made on April 15.
They noted that the court had in its ruling, granted an interlocutory injunction that restrained all the parties from continuing any form of construction work on the site, pending the determination of the legal action.
According to the defendants, despite order for parties to maintain status quo, the claimants proceeded with construction in the market.
Consequently, aside from the punitive action, they prayed the court to order the demolition of any structure that was built on the disputed land, in violation of the interim injunction.
Alternatively, the defendants applied for an order, directing the Inspector-General of Police, FCT Commissioner of Police, and the Director-General of the Department of State Services, DSS, to seal the property so as to preserve the subject matter of the litigation before the court.
In an affidavit that was filed in support of the motion, the Applicant maintained that unless the court intervened, the suit already pending before it would become an academic exercise.
The defendants told the court that Techs and Concretes had entered into a joint venture agreement with the 3rd claimant, Manillah Integrated Partners Ltd, to serve as the financier, co-developer and sole marketer for the project.
It told the court the claimants subsequently acted in breach of the agreement and unilaterally continued the market development.
The defendants further averred that in a bid to avoid accountability, the claimants filed the suit that led to the interim orders that were allegedly flouted.
Justice Halilu had in his ruling, affirmed the validity of the joint venture agreement, even as he declared that the defendants demonstrated sufficient legal interest to be entitled to protection under the law.
He granted the interlocutory injunction in the interest of justice and fair play.
Following the ruling, the defendants, accompanied by security officials, pasted copies of the court order on the disputed construction site.
However, in their fresh motion, the defendants alleged that the court order was not obeyed.
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