Abuja - Justice Yusuf Halilu of the FCT High Court on Thursday struck out a case instituted by some original inhabitants of Abuja to prevent the territory’s administration from demolishing their village.
Justice Halilu in a ruling, held that ``there was no such thing as family or communal land’’ within the FCT, going by provisions of the FCT act and the 1999 constitution.
The suit was filed by Mr Bitrus Bmayda, Enoch Timothy and Dan Asabe on behalf of the Gbagyi indigenes of Galadimawa village against the FCT minister, Sen. Bala Mohammed on Oct. 15, 2011.
Counsel to the plaintiffs, Mr Suleiman Mohammed had prayed the court to declare that the planned demolition of their ‘’ancestral homes’’ was unlawful and unconstitutional.
Mohammed also prayed the court to order the FCT minister and the FCDA not to demolish their houses without first providing them with alternative settlement.
He sought an order of perpetual injunction against the defendants from disturbing the plaintiffs’ use and possession their properties in Galadimawa village.
The defense counsel, Mr Ehimoni Sunday had filled a ‘’notice of preliminary injunction on May 11, arguing that the plaintiffs had no ‘’locus standi’’ to institute the suit.
Sunday also contended that the court had no power to hear ‘’incompetent plaintiffs’’.
Justice Halilu in his ruling, held that the provisions of Section 3 of the FCT Act, vests absolute ownership of all lands within the FCT on the Federal Government.
‘’This is in tandem with section 297 of the 1999 constitution.
‘’Without much ado, I hold that the plaintiffs lack the requisite locus standi to have instituted this action and so hereby decline jurisdiction accordingly.
‘’Consequently, the said suit is hereby struck out’’, he ruled