Judgment
PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal Capital Territory High Court Abuja delivered by HON. JUSTICE O. A. ADENIYI on 4th May 2016 in suit No: FCT/HC/CV/630/14. The 1st Respondent as the Plaintiff at the lower Court claimed against the 2nd to 6th and the Appellant at the said Court the following reliefs: “1.
A declaration that the Plaintiff is the lawful holder of Statutory Right of Occupancy and entitled to possession of all that piece of land measuring approximately 1999.52 square metres know as Plot No.864 located at Asokoro District Cadastral Zone A4, Abuja (and now particularly known and described as No. 26, Ukpabi Asika Street, Asokoro, Abuja) and marked by property Beacons PB. 1709, PB. 1714, PB. 1713 and PB. 1710, which is covered by Certificate of Occupancy No.
FCT/ABU/KN.961 dated 26th day of October, 1988 issued under the hand of the Honourable Minister of the Federal Capital Territory and which was duly registered as No. FC 74 at page 74 in Volume 13 of the Certificate of Occupancy Register in the Lands Registry Office at Abuja at Twelve O’clock in the afternoon of 1st day of November, 1988 by the Deed Registrar, Abuja. 2.
A declaration that the 1st to 5th Defendants have no lawful authority or powers to remove, destroy or demolish any building or other structures on ground only that title to the property have been revoked or indeed for any other reason except in strict compliance with the provisions of the Constitution and other enabling statutes. 3.
A declaration that by virtue of the provision of Section 6 of the Constitution of the Federal Republic of Nigeria, 1999 and all other enabling statute, it is only a Court of law duly constituted and vested with jurisdiction that can order the demolition of a building on ground that the property belongs to a rival claimant or that the Plaintiff is not entitled to the property. 4.
A declaration that by the state of Nigerian law, it is only the 6th Defendant who claims to be entitled to possession of the property who can lawfully take steps within the judicial system and by means of a Court action to obtain Court orders for the demolition of buildings adjudged to be in trespass and not by resort to self-help with the aid of the 1st to the 5th Defendants. 5.
