Barring any unforeseen circumstances, the Supreme Court of Nigeria will tomorrow resume the hearing of a dispute involving a Sokoto Prince and former Nigeria’s Ambassador to South Africa, Alhaji Shehu Malami and a businessman, Sir Emeka Offor on one part and a Nigerian-American Businessman, Mr. Imokhuede Ohikhuare on the other over a choice Abuja property.
Specifically, the disputed property, valued above N1 billion, is said to be a two-wing duplex property built on Plot 1809 Asokoro, Federal Capital Territory, Abuja. The present land matter, when eventually decided may be another landmark verdict on property litigation in Nigeria.
The appeal before the Supreme Court, rose from a unanimous judgment of the Court of Appeal, which dismissed the verdict of Justice A.S. Umar of an Abuja High Court, but restored the ownership of the property to Omohkhuare
Their lordships on several grounds, including the fact that Ambassador Malami “had divested himself of any interest in the property” through an irrevocable power of attorney he donated to Offor before he instituted the suit at the High Court and that Offor not part of the High Court proceedings, the trial court’s verdict was declared invalid.
Notwithstanding, the adjured owner of the property, according to the Appellate Court, is still kept outside the property, which allegedly is still under the possession of Offor.
The upcoming appeal would also test Chief Justice of Nigerian (CJN), Justice Walter Samuel Onnoghen’s avowal to reform the Judiciary under his watch as CJN, especially in upholding the rule of law, zero tolerance for impunity and timely dispensation of justice by reducing adjournments to the barest minimum.
This is because the last two adjournments in the matter were forced on the Supreme Court by open disputes over whom among two young lawyers – J. C. Njikonye and Shaka Awaliene – has Ambassador Malami’s brief to represent him in the matter at the Supreme Court. While Njikonye claimed that he was appearing for Malami and Offor as joint appellants in the suit, Awaliene insisted that he had Malami’s sole brief to represent the elder statesman in the case, insisting that Ambassador Malami has no interest in pursuing the matter at the Supreme Court and therefore wants his name struck off the suit.
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