The Federal Capital Territory High Court in Bwari, Abuja, has blocked the sale of the estate of the late Justice Moses Abu Bello in Maitama, Abuja, following a request by his daughter, Ann Eniyamire.
Justice M. A. Madugu granted the order in a motion ex parte marked FCT/HC/M/12904/2024, filed by Eniyamire’s lawyer, Yahuza Maharaz, a copy of which was seen by Nairametrics on Tuesday.
Nairametrics previously reported that Ann Eniyamire, the daughter of the late former President of the Customary Court of Appeal in Abuja, had petitioned the Federal Capital Territory High Court in Bwari, Abuja, seeking entitlement to 11.11% of her late father’s properties, including estates and stocks.
Eniyamire, asserting her status as one of the late judge’s children, urged Justice M.A. Madugu to enforce her entitlement as stipulated in her late father’s will.
Facts of the Case
In the suit labeled CV/667/2024, Eniyamire’s attorney, Barrister Yahuza Maharaz, argued that his client was deprived of her rightful share by the executor of the will, Reverend Father Ezekiel John (first defendant), and others involved in the estate’s administration.
Eniyamire claims her father decreed that his assets be divided equally among his wife and eight children, following an 11.11% sharing formula.
Instead, she alleges that a formula allocating merely 4.16% was implemented by the defendants. The plaintiff, seeking 38 specific reliefs, requested the court to overturn the defendants’ decision, discharge them from their roles as executors, and restore her 11.11% share of her father’s properties.
She seeks:
1. “A declaration that she is entitled to an 11.11% share, equivalent to 1/9 of all her late father’s estates, shares, and stocks.”
2. “An order directing the defendants to provide a full accounting and transfer all relevant documents concerning the administration, management, and distribution of the estates to a newly appointed administrator general.”
3. “A demand for N500,000,000 (five hundred million Naira) in general damages.”
At a previous sitting in April this year, Adewale Adegboyega, representing the defendants, raised a preliminary objection questioning the suit’s validity.
Weeks later, Eniyamire’s lawyer filed a motion seeking a restraining order against the sale of the properties pending the determination of her case.
In a ruling on October 14, 2024, Justice M. A. Madugu granted her requests, stating the following orders:
1. “An interim injunction of this court restraining the defendants, their agents, or any beneficiary of the estates of late Justice Moses Abu Bello, or any other person staying or squatting on 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), from making any attempt to sell, lease, or mortgage the said property, which is the subject of dispute, pending the hearing of the substantive suit.”
2. “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.”
3. “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.”
As noted in the enrolled order of the court, the matter was adjourned to October 28, 2024, for further hearing.
What You Should Know:
The FCT High Court holds jurisdiction over various legal matters within the Federal Capital Territory.
A will, as a testamentary document, is voluntarily made and executed under the oversight of a competent court