The Abacha Family And The Rule Of Law

The rule of law is what makes the difference between democracy and other forms of government. In any such a dispensation, the judicial process is given a free rein in the sense that until the last is heard from that arm of government, matters pending before a court of law and their sponsors ought to maintain the status quo ante.

We are persuaded to recount this as the family of late military head of state, General Sani Abacha, appears in the media space again, this time appealing for justice.

The family of the late strongman claims that the revocation of it’s landed property in the Maitama District of Abuja allegedly by the government of President Olusegun Obasanjo was done in bad faith

The revocation was said to have occurred in February 2006 during the time of Mallam Nasir El-Rufai as the Minister of the Federal Capital Territory (FCT).

Records available at the land registry in FCT indicated that a fresh Certificate of Occupancy (C-of-O) was issued, allegedly, in favour of a company, Salamed Ventures  on May 25, 2011 even as a case on the said land was pending in court. The new owner was reported to have acquired the property at the cost of $1.3 million even as the matter is pending in court.

The Abacha family has been contesting that decision it considers unfair and unjust. Mohammed Abacha and Dr. Maryam Abacha who are acting as administrators of the estate in the suit, approached a High Court in February 2006 under Justice I.M Bukar.

On June 30, 2009, Justice I.M Bukar was reported to have delivered his judgement by striking the suit out. He held that the court didn’t have jurisdiction to entertain the matter and that the appropriate court to try the case was the Federal High Court of Nigeria.

The plaintiffs in the case, Mohammed Sani Abacha and Dr. Maryam Sani Abacha, then appealed to the Court of Appeal in Abuja on the same matter, citing an infringement on their right.

Subsequently, the Appeal Court, on May 18, 2015, affirmed the Judgement of the trial court, by striking out the suit.

The Plantiffs/ Appelants thereafter instituted an action on the 25th of May 2015 in accordance with the judgement of the Court of Appeal.

The case was argued before Justice Peter Lifu of the Federal High Court and on the 19th of July 2024, he delivered his judgement dismissing the claims of Mohammed Abacha and Dr. Maryam Sani Abacha.

Justice Lifu ruled that the Abacha family lacked the locus standi to file the suit challenging the revocation of its property at Maitama District and demanding the sum of N500 million in compensation.

However, the family has since filed an appeal against the judgment. The counsel to the family, Reuben Atabo SAN said that the trial court erred on 11 grounds in the dismissal of their suit.

According to the family, that property was fully developed before the death of late General Sani Abacha.

The demand is for the appellate court to set aside the sale and transfer of the title to Plot 3119, Maitama, Abuja measuring three hectares of land to Salamed Ventures Ltd on February 25, 2011 until the judicial process is fully exhausted

In the lawsuit, the Abacha family is also praying the court to set aside the judgment of Justice Lifu of the Federal High Court, Abuja, which on July 19, 2024 dismissed their suit on the property.

The family is also praying the Appellate Court to invoke Section 15 of the Court of Appeal Act to take over their legal battle as a court of first instance and do justice to the matter.

There is no doubt that the landed property in question was legally acquired in the early 90’s by the Late Head of State. The application was approved on Plot No 3199, Maitama, Abuja and was allocated by the then Minister of the Federal Capital Territory.

It was after obtaining necessary approval for setting up architectural, mechanical, structural and electrical designs, that the Late General developed the property, prior to his death.

In our view, until the court processes are exhausted, any action taken on the disputed landed property may look personal.

Also, the Federal Government has a duty to investigate the matter thoroughly. President Bola Ahmed Tinubu has an enormous respect for the rule of law. That being said, he may well be advised to set up a committee to look into the land dispute involving the Abacha family and the two past ministers of the FCT so as to allow justice to take its course.

As a newspaper, we are concerned that since the death of the former head of state, General Sani Abacha, his supposed loot has dominated media space not only locally but also internationally as a result of the perceived re-looting of part of it that has been acknowledged and returned to Nigeria.

The attack against the erstwhile strongman is not limited to funds allegedly stashed abroad but also other assets legitimately acquired in the country. It is no news that Gen Abacha made powerful enemies while in office some of whom later found themselves in political positions of power and authority.

But discerning Nigerians are beginning to feel dismayed that the perennial hounding of the family is taking a dimension that is altogether vindictive and condemnable.

The argument among a section of the populace is that what Abacha was alleged to have stolen pales in magnitude when compared to what some members of the political class had grabbed for themselves since 1999 when the nation was returned to the democratic path.

In our opinion as a newspaper, the same zest with which the Abacha family is being shoved around should be extended to other political office holders across board since his demise.

In the meantime and on this Maitama land matter, the just arms of law must be allowed to extend as far as it goes.