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Magistrate disowns order with which police seized Abuja property

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An Abuja Magistrate, Farida Ibrahim, has disowned an order allegedly relied on by officials of the Nigeria Police Force (NPF) to take over a property located at Plot 1653, Cadastral Zone AO9, Guzape District, Abuja.

Magistrate Ibrahim of the Magistrate’s Court, Jiwa, Abuja, in a ruling, said that at no time did she order the police to take over the property and hand control of the property to other persons.

She held further that she did not make any order for the removal of the security personnel stationed there by Clazi Nigeria Limited and Ms. Ngozi Abakporo.

The ruling was on a criminal complaint filed by Ghali Muhammed Abdul and Kingsley James Awodi, marked: DCR/JW/195/2026, with Clazi Nigeria Limited and Ms. Ngozi Abakporo listed as defendants.

Although the ruling was delivered on Oct. 23, its certified true copy (CTC) was made available on Friday in Abuja.

The magistrate said: “Upon a consideration of the records of this court, including the direct criminal complaint and acknowledged copy of the referral letter issued to the Assistant Inspector-General of Police, Zone 7, for investigation and report back to the court;

“And, having regard to the allegation that the police took over Plot 1653, Cadastral Zone AO9, Guzape District, Abuja, removed the security personnel stationed thereon and handed control of the property to other persons, purportedly pursuant to a directive attributed to this court;

“It is hereby ordered as follows:

“The office of the Inspector-General of Police, through the relevant police officers, who carried out the act of taking over Plot 1653, Cadastral Zone A09, Guzape District, Abuja, and removing the security personnel purportedly in the name and under the authority of this court, when no such order or directive was issued by this court, is hereby ordered to immediately restore possession of the said property to the persons from whom possession was taken and return the security personnel who were removed therefrom, thereby restoring the position that existed immediately before the said act.

“The said officers shall forthwith cease any further action founded upon the purported authority of this Court in respect of the takeover of the property.

“The police authorities shall immediately cease to represent that this court authorised the takeover of the property or the removal of the security personnel unless such authorisation is established by the actual records and proceedings of this court.

“The office of the Inspector-General of Police and the Assistant Inspector General of Police, Zone 7, shall immediately produce any written order or directive allegedly issued by this court, authorising the takeover of the property, the removal of the security personnel or the transfer of control of the property to any other person.”

Magistrate Ibrahim, in another ruling on Oct. 27, agreed with the defendants’ lawyer, Akinlolu Kehinde, SAN, and declined jurisdiction over the criminal complaint, struck it out and ordered parties to return to the High Court of the Federal Capital Territory (FCT), where the substantive suit is pending.

She said: “The court observes that the allegations contained in the complaint relate directly to the enforcement and alleged disobedience of an order made by the High Court, which is already seized of the substantive dispute between the parties.

“In the considered view of this court, the appropriate forum for the complainants to bring to the attention of the court the alleged breach of its order, and to seek appropriate consequential reliefs, is the High Court that made the order, subject to the applicable law.

“Having regard to the foregoing, this court is of the view that the parties ought to return to the High Court of the Federal Capital Territory, Abuja, in suit No. FCT/HC/CV/1078/26, to bring the alleged acts of disobedience to the attention of that court and seek such further orders or directions as may be appropriate in the circumstances.

“Accordingly, this court, suo motu, hereby makes the following orders:

“The parties are hereby directed to seek appropriate directions and remedies before the High Court of the Federal Capital Territory, Abuja, in Suit No. FCT/HC/CV/1078/26, concerning the alleged disobedience of the order made on 14th October, 2026.

“The Direct Criminal Complaint before this court in suit No: DCR/JW/195/2026, is hereby struck out.”

Meanwhile, Clazi Nigeria Ltd and Ms. Abakporo have urged the High Court of the FCT to dismiss the fresh suit filed by Ghali Abdul on the grounds that the court lacked jurisdiction, the suit having been caught by the doctrine of res judicata.

They argued, in a preliminary objection, that the court having earlier given judgment on a suit on the same subject matter and the Court of Appeal upholding the judgment, the same court could no longer entertain the fresh suit, which is intended by Abdul to have the same issue relitigated.

The defendants stated that after the trial of the earlier suit, the court gave judgment in their favour, adding that the appeal of the claimant in that case was dismissed.

They added that “the present first and second claimants unsuccessfully applied to join the appeal as respondents.

“The claimants herein are privies of the parties to the earlier proceedings in suit No: FCT/HC/CV/1383/2024, between: Mohammed Babawo Adamu v. Clazi Nigeria Limited and 3 others and are therefore bound by the judgment of the court in that matter.”

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