Court dismisses Abacha’s family N500m suit against FG

• Published On: 22 July 2024 at 18:29

On Monday, Justice Peter Lifu of the Federal High Court in Abuja dismissed a claim filed by the family of General Sani Abacha, the late Head of State, against the Federal Government. The case challenged the revocation of one of Abacha's homes in Abuja's Maitama District.

Justice Lifu dismissed the action for various grounds, including the fact that it was statute-barred.

The family of the late military dictator launched the lawsuit in 2015, nine years ago, demanding that the FG return their father's mansion on Osara Close in Maitama.

Today's dismissal of the action marks the fourth time the Abacha family has lost judicial disputes over property.


The family had previously lost twice in the Federal Capital Territory's High Court and once in Abuja's Court of Appeal on jurisdictional grounds.

This prompted the family to petition the Federal High Court to file a new case.

The family, among others, petitioned the court to overturn and set aside the revocation of General Abacha's Certificate of Occupancy over his property.


The family claimed that the C of O marked FCT/ABUKN 2478 covering Plot 3119 issued on June 25, 1993, was illegally and unlawfully cancelled by the defendants in the complaint on January 16, 2006, in violation of Section 44 of the 1999 Constitution and Section 28 of the Land Use Act.

The defendants in the complaint are the Minister of the Federal Capital Territory, the Federal Capital Development Authority, the President of the Federal Republic of Nigeria, and Salamed Ventures Limited, ranked first through fourth, respectively.

In their statement of claims, the plaintiffs claimed that the FCT under Nasir El-Rufai had "between 2004 and 2005 instructed them to submit the Certificate of Occupancy in their possession for re-certification".

The family stated that Mohammed Abacha, the second plaintiff, swiftly complied with the directive by handing the Certificate of Occupancy to the FCDA and receiving an acknowledging copy.

While waiting for a new Certificate of Occupancy to be issued, the plaintiffs claimed that "Mohammed Abacha received a letter on February 3, 2006, notifying them that the Certificate of Occupancy had been revoked without any reason stated in the letter and adequate compensation not paid."

On this point, the family petitioned the court to declare the revocation of the property unconstitutional, illegal, and null and void.

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They also sought an order overturning the revocation and declaring their Certificate of Occupancy lawful and still in effect.


The plaintiffs sought an injunction banning the defendants from taking any further action on the disputed land, as well as an order requiring the defendants to pay them N500 million in damages.

In their separate rebuttal affidavits and preliminary objections, the defendants requested that the complaint designated FHC/ABJ/CS/463/2016 be dismissed entirely.

They asked the court for N500 million in compensation against the FG.

In his decision, Justice Lifu determined that the plaintiffs lacked locus standi (legal authority) to file the complaint.

Mohammed Abacha, the eldest surviving son of the former military dictator and his widow, Hajia Maryam Abacha, filed the complaint on behalf of the Executors of the Late Military General's Estate.

Justice Lifu concurred with the fourth defendant that the cause of action arose on February 3, 2006, when the Certificate of Occupancy was withdrawn, but the case was submitted in May 2015, many years after the revocation and far more than three months after it should have been filed.

Furthermore, the Judge ruled that the plaintiffs lacked standing to launch the complaint because they failed to deliver their letters of administration to the Estate as exhibits, as required by law, and as support of their claim as Administrators.