Nigerian Court Issues Injunction Against Sale of Late Judge’s Properties

A Nigerian court has issued an interim injunction ordering the arrest, detention, and prosecution of anyone who attempts to sell the properties of the late Justice Moses Bello, former President of the Abuja Customary Court of Appeal. The ruling was made by Justice Mohammed Madugu of the Federal Capital Territory High Court, Bwari, Abuja.

The injunction was granted following an ex-parte application filed by Justice Bello’s daughter, Ann Eniyamire, through her counsel, Yahuza Maharaz. Christ the King Catholic Church in Okene, Kogi State, and its parish priest, Reverend Father Ezekiel Awolumate, are listed as defendants in the case.

According to the court order, the defendants and their agents are restrained 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 order also directs 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.

The court granted 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. Additionally, the applicant was ordered 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 instructed all parties in the suit to 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 emphasized 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. 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 altered the formula to 4.16 percent, contrary to her father’s instructions.

Eniyamire is seeking a court declaration that she is entitled to 11.11 percent of all her father’s assets, including shares and stocks. She also asked the court to annul the defendants’ decision and to relieve them of their duties as executors of her father’s will. The case is ongoing, and a hearing date has not been set.