For the fourth consecutive time, talks for an out of court resolution of the legal battle between the incumbent First Lady, Dame Patience Jonathan and her predecessor, Hajiya Turai Yar’ Adua over a choice plot of land situated at Cadastral Zone in the Federal Capital Territory (FCT), Abuja has collapsed.
With this development, the court would be asked by next week Monday to proceed with its judgment on the matter.
Before Justice Peter Affen of an Abuja High Court where the case is on trial, the Federal Government, through the office of the Attorney General of the Federation (AGF), had offered to settle the matter out of court. Following this development,
the court adjourned the matter at the instance of counsel to the AGF, Baba Sai’Idu to allow time for the parties to reach an amicable resolution of the dispute.
Findings by Daily Sun at the Justice Ministry revealed that after meeting with authorities of the Federal Capital Territory Administration (FCTA), the Federal Government offered alternative plots to the Women and Youth Empowerment Foundation (WAYEF), a non-governmental organization belonging to Hajiya Turai.
However, these offers had been rejected by WAYEF, the original owners of the land for being too small and incapable of replacing or compensating its objectives. Specifically, four separate plots of land were offered to Turai’s NGO to choose from.
The first plot, No. 818 measuring 5333 square meters is located at the central area close to Akwa Ibom House; the second plot, no 3367 is along Airport Road, Wawa District, measuring 2.1 hectares, the third plot is within the vicinity of the National Mosque, while the fourth is plot 1838 located at Cadastral Zone A00, measuring 6119.29m2 as replacements for the disputed plot of land.
In rejecting the offer, Daily Sun learnt that the legal representatives of WAYEF, from the law firm of Adamu, Ahmed, Ibrahim and Co, noted that while the first plot is within a green area, the second plot of land falls within an un-approved layout of the city, the third has large number of pipes buried underneath and will not carry a high capacity building, while the fourth is rather too small compare to the original plot.
Specifically, the fourth offer was made last Friday afternoon via a letter addressed to the law Firm and dated April 12, 2013 by Felix Ibanga of the Legal Services, Secretariat, Federal Capital Territory Administration (FCDA).
The letter with the title: Offer of plot N0. 1838 cadastral Zone A00 Central Area, Abuja measuring 6119.29m2 for settlement of Suit No. FCT/HC/CV/324/2011 out of Court and obtained by Daily Sun reads: “You will recall that on the March, 5, 2013 a meeting was held at the office of the minister of the FCT for the resolution of the above mentioned suit out of court.
“At the said meeting which was attended by the general counsel/Sec. Legal FCT, the Director of Litigation, LSS, Felix Ibanga, LSS, Barr. Innocent Lagi who represented your chambers, the minister of the FCT expressed his desire and willingness to resolve this matter amicably out of court.
“Based on the foregoing, we have the minister’s instruction to offer your client who is the plaintiff in the above mentioned suit plot N0. 1838 1838 Cadastral Zone A00 Central Area, Abuja measuring 6119.29m2 as a replacement plot for plot N0. 1347 Cadastral Zone A00 Central Area, Abuja the subject matter of suits FCT/HC/324/2011.
“Your prompt response to our offer will be appreciated to enable the administration take necessary steps to perfect your client’s title in the new plot of land.”
But in rejecting the offer, Turai’s lawyer noted that the terms and contents of the offer did not express the commitment to settle the matter out of court. “It is the positions of the law firm that the essence of a settlement is to enable the parties engage in such a process that will obtain some measure of satisfaction of their claims.
This appears not the basis on which the offer is made, having carefully considered the following: *In spite of your admitted knowledge of an interlocutory injunction restraining you and anybody whatsoever called from interfering with our clients, title and interest over and above plot 1347 Cadastral Zone A00 within the Central Area, Abuja, you are continuing with your contempt of a valid court order by continuing building on the plot of land.
*That your offer of a much smaller parcel of land or none within an un-approved layout, did not take into consideration the interest of our client and its readiness to continue development before your actions. *The fact that your action has stalled and is continuing to stall the attainment of empowerment for women and youth in Nigeria.
“For the following reasons we are unable to accept your proposal as settlement as it is incapable of replacing or compensating the objectives of WAYEF as enshrined on the Registered Trustees.” The law firm said with the development, it was no longer interested in the out of court settlement since the authorities had not shown any form of sincerity committed for the settlement to sail through. Beyond, the offer of alternative plots of land; the law firm said the authorities had not mentioned the issue of monetary compensation.
However, it has however offered to waive the cost of litigation and inconveniences and withdraw the contempt proceedings if the authorities immediately retract from their actions and reverse its decision and allow it to resume work at the site.
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