*The plaintiff is seeking a Federal High Court to direct the Minister for the FCT and 聽FCDA to adhere to Abuja Master Plan and protect the area designated as 鈥榞reen areas鈥� in the master plan from being used for another purpose

Alexander Davis | 绿帽献妻

For purported 鈥榠mproper鈥� allocation of a recreation park/green area for the construction of a filling station in Nigeria鈥檚 Federal Capital Territory (FCT), Jedidiah International Limited has dragged Danu Investment Limited; Muhammad Bello, Honourable Minister for the Federal Capital Territory; and Federal Capital Territory Administration (FCTA) before an FCT High Court.

绿帽献妻 learnt the company is seeking an order of the court directing the Minister and the FCDA to adhere to the Abuja Master Plan and to protect the area designated as green areas in the Abuja master plan from being used for another purpose.

In an originating summons filed by its lawyer, Emmanuel Adedeji of Adedeji Harwood and Co, the plaintiff is seeking a declaration that the allocation of the recreation park known as Park No. 1193, Cadastral Zone A01, Garki, Abuja, is in breach of Regulation 8 of the FCT Land Use Regulation, 2004, CAP L5, Laws of the Federation of Nigeria, FCT Change of Land Use and Residential Density Regulations, 2007, and is therefore, ultra vires, report stated.

Jedidiah International, in Suit No. CV/1094/2021, is also praying the court for an order directing the Honourable Minister Bello to revoke the right of occupancy granted to the first defendant (Danu Investment Limited) dated June 25, 2009, in respect of the park.

Abdul Oshiogwe, an administrative official to the claimant, in an affidavit in support of the originating summons, said Jedidiah International was granted a lease approval for the park in 2009 by the FCT minister and the FCDA, after fulfilling all the conditions of lease approval.

A copy of the lease approval, receipt for N3.9 million processing fee paid by the claimant as ground rent was attached and marked exhibit 鈥楢.鈥�

Central Business District in Abuja Master Plan

It was also gathered the deponent said the claimant subsequently, produced detailed designs and drawings for the park and submitted same to the FCT Department of Park and Recreation for vetting and approval, which reportedly forwarded same to the Department of Development Control for approval.

The affidavit reads: 鈥淭hat the Department of Development Control gave the claimant a bill of N1,322,691.60 as settlement of building fees. The settlement of building plan fee is herein attached and marked exhibit C.

鈥淭hat upon payment of the building plan fee, the Department of Development Control granted a building plan approval to the claimant to construct buildings on the park.

鈥淭hat sometimes in 2015, the claimant was clearing the grass on the park when it was informed that the land has been converted to a commercial area.鈥�

Oshiogwe further said that the claimant wrote to the Director, Park and Recreation Department who denied in a letter that the park 鈥渨as at no time re-designed for another use or converted to a commercial plot.鈥欌��

The administrative official said: 鈥淲hile the claimant awaited the outcome of its complaint to the second defendant (FCT minister), officials of the Department of Development Control came to the park on March 30,2021 to take measurement of the land and upon inquiry by the claimant, it was discovered that the measurement was being taken to destroy the structures on the land to pave way for the first defendant.鈥欌��

However, the first defendant in its counter-affidavit said it was not aware of the lease agreement between the claimant and the Minister and the FCDA on the disputed land, stating that the park was given to her as compensation for her filling station that was demolished to pave way for the Kubwa Expressway expansion.

The lawsuit has been scheduled for hearing Tuesday, January 25, 2022, before Justice Binta Mohammed of the FCT High Court.

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