Justice Abubakar Kutigi of the Federal Capital Territory (FCT) High Court, sitting in Bwari, on Friday dismissed an application for interlocutory injunction, restraining the Federal Capital Development Authority (FCDA) from demolishing Mpape community.
The residents of Mpape in a suit, filed against the FCDA and the FCT minister, urged the court to restrain the respondents from embarking on the demolition billed to commence on August 31.
In the suit, Ikechukwu Ezechukwu (SAN) on behalf of the residents prayed the court to issue an order stopping FCDA and the FCT minister from carrying out the demolition, pending the final determination of the case.
Mr. Ezechukwu urged the court to give an order to maintain the status quo till judgment is made.
He said the suit bordered on infringement on the rights of the residents of the community.
Mr. Ezechukwu further argued that the position of his clients is that their houses should not be demolished without proper provision for resettlement by the FCT administration.
He also asked the court for an order that the FCDA and the FCT minister pay his clients N5 billion as damages.
However, Amaechi Nwaiwu (SAN), counsel to FCDA and the FCT minister, in a preliminary objection prayed the court to discountenance the application.
Mr. Nwaiwu urged the court to dismiss the motion because the plaintiffs had not established any “legal rights” that needed to be protected through an injunction.
After listening to the arguments of counsel, Mr. Kutigi struck out the application.
The judge said that the plaintiffs had not shown the existence of a right which must be protected in the interim.
The court adjourned the case to Monday, Oct. 11, for definite hearing of the case.
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