In a high-profile legal battle, Nigeria’s former first lady, Hajia Mariam Sani Abacha, and her eldest son, Mohammed, have taken their case to the Court of Appeal in Abuja.
The Abacha family is seeking the recovery of a valuable property in the Maitama District of Abuja, which they claim was unlawfully revoked by the federal government and sold without their knowledge or compensation.
Elanza News reports that the case has attracted significant attention and generated a wave of interest online due to its historical and political significance.
The Abacha family has appealed the earlier dismissal of their suit by Justice Peter Lifu of the Federal High Court, Abuja. They argue that the judge erred in his findings and conclusions, and are seeking a reversal of the judgment.
The appeal, Elanza News gathered, was filed by renowned lawyer Reuben Atabo, SAN, highlights several grounds for challenging the lower court’s decision.
The Abacha family contends that Justice Lifu misunderstood the jurisdictional issues and failed to recognize their legal standing in the case.
They assert that they have the right to pursue the matter as the widow and eldest surviving son of the late General Sani Abacha.
One of the key arguments put forth by the Abacha family is that the judge incorrectly relied on the Land Use Act to conclude that the Federal High Court had no jurisdiction to handle the case.
They point to a previous decision by the Court of Appeal, which held that the proper court to handle such a case is indeed the Federal High Court.
This discrepancy forms a crucial part of their appeal.
The Abacha family also contests the judge’s ruling that their case was statute barred, emphasizing exceptions to the applicability of the Public Officers Protection Act.
They argue that their originating summons was filed within the appropriate timeframe and that the judge failed to address the lapse of their cause of action.
Furthermore, the family disputes the recognition of Salamed Ventures Limited as a party in the proceedings. They assert that the transfer of title to a third party during ongoing litigation is a violation of the authority of the courts. The Abacha family claims that the 1st-3rd respondents sold the disputed property to the 4th respondent during the pendency of their suit, which they argue is unacceptable.
The appeal highlights several legal shortcomings in the lower court’s judgment, including the failure to consider the validity of the property revocation and the payment of compensation. The Abacha family asserts that their action seeks to question the actions of the respondents and ensure justice is served.
The case has sparked intense public interest due to its connection to the late General Sani Abacha and the historical significance of the property in question. As the legal battle unfolds, it continues to attract attention and generate discussions online.
The Court of Appeal is yet to schedule a date for the hearing of the appeal.
As the case progresses, it is expected to draw further attention and scrutiny, both in legal circles and among the general public.
