Taiwo Popoola
Justice Mohammed Madugu of the Federal Capital Territory High Court, Bwari, Abuja, has issued an interim injunction ordering the arrest, detention, and prosecution of anyone who attempts to sell the properties of the former President of the Abuja Customary Court of Appeal, late Justice Moses Bello.
The judge’s ruling came following an ex-parte application marked FCT/HC/M/12904/2024, filed by the late judge’s daughter, Ann Eniyamire, through her counsel, Yahuza Maharaz.
In the process, Christ the King Catholic Church in Okene, Kogi State, and its parish priest, Reverend Father Ezekiel Awolumate, are defendants.
Justice Madugu, in the certified true copies of the ruling obtained by our correspondent, also restrained the defendants or any of their agents from selling, leasing, or mortgaging the property at plot No: 763, Cadastral Zone A6 (No. 41, Panama Street), Maitama, Abuja, and any other properties in dispute pending the determination of the matter.
The orders partly read: “An interim order of injunction is hereby granted restraining the defendants and their agents from selling, leasing, or mortgaging the property at plot no: 763, Cadastral Zone A6 (No 41, Panama Street), Maitama, Abuja, with C-of-O No: 164 EW-FE 243-59 DDR 6018U-10 of file No: KG 10050, or any other property that is the subject of dispute, pending the hearing of the substantive suit.
“An order directing the Economic and Financial Crimes Commission, the State Security Service, and the Nigeria Police Force to apprehend, arrest, detain, and prosecute anyone attempting to sell, mortgage, or lease the property.
“An order granting the applicant permission to mark the property with red paint and display a sign that reads ‘NOT FOR SALE / Lis Pendens’ on the property, pending the outcome of the case.”
The court also ordered the applicant to paste copies of the court order on the main entrance and walls of the property and to publish the order in national newspapers.
Justice Madugu also instructed that all parties in the suit must maintain the status quo as of the date the substantive suit was filed, pending its resolution.
He warned the defendants and their agents against tampering with the property markings or removing the court orders on the wall or entrance gate of the property, stating that any such actions would be considered contempt of court.
The court emphasised that any steps taken in violation of its orders would lead to contempt charges, and the defendants were reminded to fully comply with the orders pending the hearing of the substantive suit.
The judge’s daughter, Ann Eniyamire, had instituted the suit against the defendants, alleging she was shortchanged in the execution of her father’s will, which specified that his assets be divided among his wife and eight children using an 11.11 percent sharing formula.
However, Eniyamire claimed that Awolumate, the first defendant, altered the formula to 4.16 percent, contrary to her father’s instructions.
Eniyamire asked the court to annul the defendants’ decision and to relieve them of their duties as executors of her father’s will.
She is also seeking a court declaration that she is entitled to 11.11 percent of all her father’s assets, including shares and stocks.
