Al-Mustapha files suit against ministry to reclaim property

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Former Chief Security Officer, CSO, to the late head of state, General Sanni Abacha, Major Hamzat Al-Muatapha has filed a suit against the Federal Ministry of Housing And Urban Development before a Federal High Court in Lagos, seeking to recover his landed property located at Block 2, Plot 9, Phase 11, Osborne Road, Ikoyi, Lagos.‬
Joined as defendant in the suit is one Ladi Ogunleye.‬
Al-Mustapha in the suit number FHC/L/CS/1810 is seeking an order of the court realocating the said land back to him, and an order restoring him as the rightful owner of the land.‬
The former CSO is also seeking an order of the court awarding him the sum of N1 million as cost of instituting the legal action.
Al-Mustapha in his amended statement of claim filed before the court by Barrister Abdulfatai Alao-Thomas of Wolver Partners, averred that the Federal Ministry of Housing and Urban Development via a letter dated March 26, 1997, conveyed the acceptance and granting his application and subsequent allocation of the said landed property to him and he duly paid all the land charges as assessed by the ministry.‬
However, he did not at any time receive notice from the ministry that the landed property allotted to him had been revoked, and that there was never a time the allocation was revoked by the federal government or any of its agencies for any overriding public purpose or interest.‬
Al-Mustapha further averred that he was surprised when some time ago he was informed of some acts of trespass on the land, and upon inquiry, he was informed that the land had been re-allotted to another person by the first defendant, the Federal Ministry of Housing and Urban Development, and despite repeated demands, the defendant had refused to restore his interest on the said land without justifiable reason.‬
Consequently, he claimed that by the action of the Federal Ministry of Housing and Urban Development, he had suffered untold hardship, and thus he is entitled to judgement.‬
In an amended witness statement on oath deposed to by Major Al-Mustapha’s brother, Alhaji Usman Aliyu, he stated that his brother, Major Al-Mustapha was the original allottee of the said landed property and that the Federal Ministry of Housing and Urban Development had via a letter dated March 26, 1997, conveyed the acceptance and granted Major Al-Mustapha’s application and subsequent allocation of the said land to him.‬
Alhaji Aliyu also stated that there was never a time the allocation to Major Al-Mustapha was revoked or the plot acquired by the federal government or any of its agencies for any overridden public purpose or interest; and that he was surprised when he was informed of some acts of trespass on the said land; and upon inquiry, he was informed that the land had been re-allotted to another person by the Federal Ministry of Housing and Urban Development.
He also said that despite repeated demands, the ministry had refused to restore to his brother the plot allotted to him without any justifiable reason.‬
The defendants have not filed any response to the suit and the presiding judge, Saliu Saidu has adjourned the suit till February 21 for mention.

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