Demolition: Court strikes out suit filed by original inhabitant of Galadimawa village against FCT minister

Bala Mohammed, FCT Minister

Nov.1 (PREMIUM TIMES)The Gbagyi indigenes will lose their ancestral homes.

 

Homes of the Gbagyis, the original inhabitants of Galadimawa village in Abuja, will be destroyed by the Federal Capital Development Authority, FCDA.

On Thursday, a judge of the Federal Capital Territory, FCT, high court, struck out a case instituted by Gbagyis to prevent the territory’s administration from demolishing their village.

Mr. Halilu in a ruling, held that it is within the powers of the FCDA, to do with lands whatever they please.

He held that the provisions of Section 3 of the FCT Act, vests absolute ownership of all lands within the FCT on the Federal Government.

“There was no such thing as family or communal land’’ within the FCT, going by provisions of the FCT act and the 1999 constitution.

The suit to protect the ancestral home of the Gbagyis was filed Bitrus Bmayda, Enoch Timothy and Dan Asabe against the FCT minister, Bala Mohammed on October 15, 2011.

Counsel to the plaintiffs, Suleiman Mohammed, had prayed the court to declare that the planned demolition of their “ancestral homes’’ is unlawful and unconstitutional.

Mr. Mohammed also prayed the court to order the FCT minister and the FCDA not to demolish their houses without first providing them with alternative settlement.

He sought an order of perpetual injunction against the defendants from disturbing the plaintiffs’ use and possession their properties in Galadimawa village.

The defense counsel, Ehimoni Sunday had filled a “notice of preliminary injunction on May 11, arguing that the plaintiffs had no “locus standi’’ to institute the suit.

Mr. Sunday also contended that the court had no power to hear “incompetent plaintiffs’’.

The judge agreed and dismissed the case.

“Without much ado, I hold that the plaintiffs lack the requisite locus standi to have instituted this action and so hereby decline jurisdiction accordingly.

“Consequently, the said suit is hereby struck out’’, he ruled.


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