A Lagos-based company, Micro Investment Limited, has filed a lawsuit against the Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike, over the alleged unlawful revocation of a parcel of land designated for the establishment of a Zoological Garden in Abuja. The suit, marked FCT/HC/GAR/CV/422/2024, names Wike, the Federal Capital Development Authority (FCDA), and Praco International Limited as the first, second, and third defendants, respectively.
The lawsuit, filed on behalf of Micro Investment Limited by Abuja-based legal practitioner Isiaka Kadiri of Reuben Atabo, SAN, challenges the revocation and subsequent re-allocation of the land to another private company, alleging gross violations of Section 28 of the Land Use Act 2004.
Micro Investment Limited claims that the land, known as plot 582 located in the Kukwuaba District, was allocated to it on October 5, 1997, by the FCT Minister and the FCDA. Upon payment of all mandatory fees, the plaintiff was issued a Right of Occupancy (R of O) and a Certificate of Occupancy (C of O) on March 25, 1998, under C of O number FCT/ABU/MISC;15004 with file number MISC 15004.
However, between 2005 and 2007, when Nasir Ahmad el-Rufai served as the FCT Minister, the company claims it was instructed to submit its land documents for re-certification and the issuance of new ones. The company complied with the directive and received acknowledgment on July 26, 2006. It asserts that it has since been in possession of the land.
The conflict began on May 25, 2023, when Micro Investment Limited received a withdrawal notice for the land, allegedly based on a court judgment in a suit marked FCT/ABU/CV/812/2022 between Praco Nig. Ltd and Mohammed Musa Bello. The land was subsequently allocated to Praco Nigeria Ltd on July 7, 2023, with file number MISC 148056. The plaintiff became aware of the alleged unlawful act through a letter dated July 7, 2023, from the FCT Department of Land Administration.
Micro Investment Limited questions the legality of the land allocation to another private company, insisting that such a revocation can only be lawfully executed on grounds of overriding public interest. The company has petitioned the court to void and set aside the purported revocation of its land and its re-allocation to Praco Nigeria Ltd for private use, instead of the public use stipulated by law.
The plaintiff is seeking a court declaration that its title to the land is valid, lawful, and legitimate, and that it has exclusive rights to use and occupy the land. Additionally, Micro Investment Limited has requested an order of perpetual injunction restraining the defendants and their agents from tampering with or interfering with its ownership of the land.
Moreover, the Lagos firm is asking the court to order the three defendants to jointly pay N200 million as general damages for the alleged unlawful acts carried out against it.
No date has been fixed for the hearing and determination of the suit. This legal battle highlights the ongoing issues surrounding land allocation and ownership in Nigeria, particularly in the Federal Capital Territory. The Land Use Act of 2004 governs land ownership and usage in Nigeria, stipulating that land can only be revoked for overriding public interest.