An FCT High Court has fixed Sept. 8 to hear a preliminary objection filed by Lars Richter, General Manager, Julius Berger Plc in a committal proceeding.
The News Agency of Nigeria (NAN) reports that Committal proceedings are court hearings held in the Magistrates’ Court to decide whether there is sufficient evidence against an accused person charged with a serious criminal offence to order them to face trial in a higher court.
Nonso Ofole had instituted a suit against Richter, GM of Julius Berger Plcz, alleging that his land at Jabi Shooting Range, Abuja was taken over from him by the company.
Ofole claimed that Richter refused to obey the judgment of a trial court as well as that of the Appeal court.
Justice Salisu Garba fixed the date after Richter’s (judgment debtor)counsel prayed the court to hear his client’s preliminary objections on the committal proceeding.
Ofole, through his counsel, John Ainetor stated that he filed a motion.
Ainetor said the motion was filed in alleged disobedience to the order of the court by Richter.
In response, Richter’s counsel, Dokto Haruna told the court he filed a motion challenging the competence of
Haruna added that the motion is grounds that the land in dispute had been revoked by the FCT Minister.
He further said that Ofole had no further ‘locus’ (right ) to exercise on the said land based on this.
Ofole through two companies, HuntAfrica Events Ltd and Rose Crown Industries Ltd filed a suit against Julius Berger Nigeria Plc on Dec. 11, 2013.
The suit was for a declaration of land, restoration of possession, claim for special damages and exemplary damages.
Judgment was entered in favour of the plaintiffs against the defendant before Justice Sadiq Umar, (formerly of the FCT High Court, Abuja, now Justice, Court of Appeal) dated June 16 2017.
Justice Umar in that judgment held:””It is hereby declared that the Ist plaintiff is entitled to the possession and use as Recreational Centre all that portion of land of about 1000square metres adjoining Julius Berger Shooting Ranger, Jabi, Abuja.
” By virtue of the letter of temporary approval to develop a Recreational Centre dated May 25, 2011 with reference number AMMA/P&R/S. 420, approved by Metropolitan Management Agency but subject to the Right and Power of the Minister of FCT under relevant laws of Nigeria”.
On Oct 25, 2018, a three-member panel of Court of Appeal affirmed the judgment of the trial court. (NAN)
