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Friday, August 3, 2012

ABUJA DEMOLITION: Court Supports FCDA in Mpape Demolition Case

                                                     
This is a very sad news to residents of Mpape, a subregion in Abuja. The court has finally approves that FCDA should go ahead and demolish Mpape. 


Those interested can read the full gist below: 
A desperate attempt by residents of Mpape, a slum satellite settlement within the Abuja metropolis in the Nigerian capital, to stave off the impending demolition of their homes by the Federal Capital Development Authority, FCDA, suffered a severe blow on Friday as an Abuja High Court declined to interfere in the proposed demolition.


The slum dwellers had approached the court to secure an injunctive order retraining the authorities from going ahead with the demolition of their houses but the court refrained from making the desired order sealing the fate of the Mpape residents whose homes, numbering in their thousands, may fall to the bulldozers any moment now.

Delivering the court’s ruling on the residents’ application, Justice Abubakar Kutigi noted that they did not plead any evidence of their legal rights to the properties they are seeking to protect. He also observed that the layout map filed before the court by the residents did not indicate the positions of the houses in the map and that even street names are not put to enable the court know specifically the relationship of the properties to the layout map.
The court noted that it will not make an order that will be in vain and that injunctions are not granted on the basis of grace or routine.
The court further held that to grant the order being sought by the panic stricken residents will amount to creating confusion and uncertainty and pointed out that the layout is not clear as to the houses in question and their description, adding that justice is not based on form and formality.
Though the court declined to grant the exact order sought by the residents to stop the planned demolition of the Mpape community by FCDA, it however urged all parties in the suit not to take any step that would affect the subject matter of litigation.
“No party should take the laws unto their hands as parties in the matter do not enjoy any liberty to take action that would damage the res (subject matter of the suit)”. Further hearing into the matter was subsequently adjourned to October 11, 2012.
The defendants in the matter are listed as the FCDA, the FCT minister, Senator Bala Mohammed and the department of development control.
By Nnamdi Felix 

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