The Chief Judge of the High Court of the Federal Capital Territory, Justice Hussein Baba Yusuf, has ordered Uche Okoli and his property firm, Multi-shelter Nigeria Limited to vacate a property located at Plot No. 713, Cadastral Zone B14, Duste District, Abuja, for one Dr. Ngozika Nwaneri.
The court also awarded the sum of N10m against Uche Okolj and his company as general damages for trespass and N1m as the cost of the action and another N162m and N28m to a Subscriber and 3rd Defendant/Counter Claimant, Mr. Henry Anuforo, as the cost he spent on building on part of Plot 713 Dutse, sold to him by Multi-Shelter.
Uche Okoli, his firm and 18 others had dragged the Economic and Financial Crimes Commission, EFCC, Dr Ngozika Nwaneri, a United States based surgeon and businessman before the court over the ownership of Plot 713, Cadastral Zone B14, Dutse District, Abuja.
Okoli is the 1st Claimant while his firm is the 2nd claimant. Dr Nwaneri on his part filed a counterclaim, through his counsel, Dr. Lilian Ojimma, which makes him the 2nd defendant and counter claimant in the suit.
In 2005, Dr Nwaneri engaged
Uche Okoli, the MD of Multi-Shelter Ltd, to acquire plots of land for him in Abuja, and in furtherance of the engagement, Okoli got and presented to Dr Nwaneri, papers in respect of three Plots of Land, one each in Katampe Extension District, Sector C District, and Asokoro IV District, all within Abuja, as the Plots he purchased for him. Dr Nwaneri subsequently engaged one Mr. Victor Muoneke, a legal practitioner, as his attorney to register his title to the three plots.
However, the search reports that Mr. Muoneke obtained from Abuja Geographic Information Systems (AGIS) in his bid to register the 2nd Defendant’s title to the Plots revealed the titles to the various properties to be unauthentic, when confronted about the report, Uche Okoli explained that he purchased the Plots from one Aminu Ibrahim Gaya who worked with the Federal Capital Development Authority.
Uche Okoli and Gaya were arraigned by the EFCC in court but Okoli was later used as prosecution witness against Gaya after settling Dr. Nwaneri with Plot 713 Dutse. Gaya was however found not guilty as the court held that the charge against him could not be substantiated without the Prosecution tendering all the title documents to the three plots.
Meanwhile, the 1st Claimant had signed series of documents including a Memorandum of Understanding (MOU) dated 12th February, 2013; and a Deed of Assignment and Power of Attorney, both of which he signed as director of the 2nd Claimant. The documents effectively transferred ownership of the property in dispute, plot 713 Dutse, to the 2nd Defendant as replacement for the three Plots above that AGIS found to be unauthentic.
After the conclusion of the trial of Gaya, Okoli turned around to claim that he was forced by the EFCC to sign the documents of the property in dispute in favour of Dr Nwaneri.
Uche Okoli approached the court through his lawyer, Ikechukwu Ezechukwu, SAN, to seek the following reliefs:
“A declaration that the act of the 1st Defendant (EFCC) by releasing to the 2nd Defendant, the 2nd Claimant’s originalCertificate of Occupancy with certificate No. la7ew+601z543fr-12912-10 deposited as Bond by the 1st Claimant to secure hos bail pending the final investigation and the Court Judgment in the matter before Hon. Justice 0.0. Goodluck, in Charge No. FCT/HC/CR/683/2013 between Federal Republic of Nigeria v Aminu Ibrahim Gaya for the alleged offence of forgery reported by the 2nd Defendant against the 1st Claimant is illegal, unlawful and unjustifiable. “
The claimants prayed the court for an order mandating/compelling the 1st and 2nd Defendants, to retum to the 1st Claimant the original Certificate of Occupancy of Plot 713 Dutse District.
They also prayed the court for an order nullifying/setting aside any Power of Attorney, Deed of Assignment and/or agreement purportedly signed by the 1st Claimant on behalf of the 2nd Claimant, arguing that such signing is unauthorised amd was obtained under duress.
After full trial of the case and listening to submissions of Counsel in the matter, the court dismissed the claimants’ case and described their action as fraudulent.
The Court was particularly vexed by the conduct of Uche Okoli and his lawyers who continued building and selling lands in the disputed property while the case was pending, and despite the subsistence of Order of injunction granted by the Court in November 2018. The Hon. Chief Judge also berated the conduct of the Claimants’ counsel who joined parties in the Suit and represented them in Court without their consent. The Court further questioned the character and integrity of a lawyer and 3rd Claimant in the case, Mr. Hope Onyekwere, who testified in Court on behalf of parties that neither knew him nor authorized his testimony on their behalf.
Hon. Justice Hussein Baba Yusuf commended the industry of lawyers in the case and held, ” I appreciate the industry of Counsel in the case and particularly, Dr. Lilian Ojimma, for how gallantly she held her fort against the community of parties and intrigues that she had to contend with in the case.”
“In conclusion, the respective cases of the 1st, 2nd and 3rd sets of Claimants fail and are dismissed, the 2nd as well as the 3rd defendant’s respective counterclaims succeeds in the term already set out above, and the counterclaim by the 4th -7th defendants are struck out.
“A declaration is hereby made that the 1st claimant who held himself out as a property agent, estate developer and consultant owe the 2nd Defendant/Counter Clamant a duty of care in purchasing the three Plots of Lands on behalf of the 2nd Defendant/Counter Claimant which duty was breached by the 1st Claimant’s failure and or refusal to carry out any due diligence whatsoever on the status of the Plots before pay ment for them.
“A Declaration is hereby made that the act of the 1st Claimant, who held himself out as a property agent, estate developer and consultant, in purchasing three Plots of land for the 2nd Defendant/Counter Claimant without carrying out any due diligence whatsoever is negligent and/or fraudulent and for which the claimants are liable for the loss resulting therefrom.
“A Declaration is hereby made that the 2nd Defendant Counter Claimant is entitled to restitution for the three Plots of land which the 1st Claimant/Defendant to the Counter claim purchased for the 2nd Defendant/Counter Claimant without carrying out any due diligence whatsoever and which plots were declared forged by the Land Registry (i.e. Abuja Geographic Information System).
“A declaration is hereby made that the agreement duly executed between the Claimants/Defendants to the Counter Claim and the 2nd Defendant/Counter Claimant in 2013, which transferred title of Plot No. 713, Cadastral Zone B14, Dutse District, Abuja with File No. MISC 89161 and Certificate of
Occupancy No. 1a7ew-48012-5a3fr-12912-10 to the 2nd Defendant/Counter Claimant is valid and binding on the parties and has duly transferred title to the 2bd Defendant/Counterclaimant with respect to the said Plot.
“An Order of Court is hereby made mandating the Claimants/Defendants to the Counter Claim to vacate, forthwith, the property known as Plot No. 713, Cadastral Zone B14, Duste District, Abuja with file No. MISC 89161 covered by Certificate of Occupancy No. la7ew-4801z-Sa3fr-12912-10, which has been duly transferred to the 2nd Defendant/Counter Claimant as replacement for the three Plots purchased for him without due diligence.
“An order of Perpetual injunction is herehy made restarining the Claimants/Defendants to the Counter clain Whether by themselves, thelr agents, assigns or anybody claming any right howsoever known through them from entering, futher entering, occupying, building of continuing with building operations, trespassing or further trespassing or howsoever dealing or tampering with the property known as Plot No. 713, Cadastral Zone B14, Dutse District, Abuja with file No. MISC 89161 covered by Certificate of Occupancy No. la7cw-4801z-Sa3fr-12912-10, Dutse District, Abaja belonging to the 2nd Defendant/Counter Claimant.”
