BRIEFOF NATIONAL LEGAL ADVISER ON
THELEGAL STATUS OF MAMMAN VATSA WRITERS’ VILLAGE, MPAPE
1. INTRODUCTION:
On
3rdDecember, 1985 (though the Certificate of Occupancy was later signed to read
27thday of October, 1998), the Registered Trustees of the Association of
Nigerian Authors (hereinafter referred to as ‘ANA’) was allocated Plot No. 23
(now Plot No.: 3158) by the Ministry of Federal Capital Territory with
Certificate of Occupancy No.: FCT/ABU/MISC: 3989 with the Area size of 60.9
hectares, designated as ‘Writers’ Village.’ Since then spirited efforts were
made by ANA to develop the land to no avail. Perhaps what appeared like a more
visible major breakthrough was the involvement of Home Securities Limited which
later did not work as was expected, resulting in serious differences that
culminated in litigation before the High Court of Federal Capital Territory,
Maitama, Abuja. ANA was able to secure victory at the court, albeit with Ten
Million Naira(N10, 000, 000.00) awarded in favour of Home Securities Limited.
Consequent upon this, ANA engaged Korlie Mobs Ventures Limited (KMVL for
short), the current developer of the land.
As will be discussed in more details, ANA and KMVL had to contend with many storms in the aftermath of the judgment against Home Securities Limited to take possession of the land, what with several encroachments by land speculators, fraudsters and intruders. It was so serious that signposts affixed on the land by ANA were removed and carted away by unknown persons suspected to have illegally sold parts of the land in question or illegally bought same. While some were desperate individuals duped by organized land rings that dot the landscape of Abuja, many where unsuspecting buyers who fell into the dubious deals of fraudsters. ANA had to formally write to the Commissioner of Police, Abuja Command Office, Abuja, to request for police presence on the land in order to prevent breaches of peace or violent steps taken against its personnel or corporate partners such as KMVL on the premises. Besides the court action by Home Securities Limited, there were two other suits instituted by Eyrie Investment Limited and Gandu Properties Nig. Limited &1 Or V Miyosam Ventures Limited & 11 Ors (Suit No.: CV/1205/2012) (where ANA is the 4th and 4th co-defendants in the second action).
2. MAJOR EVENTS:
i. Grant of Certificate of Occupancy No.: FCT/ABU/MISC: 3989, Plot 23 to ANA on 3rd day of December, 1985 by the Federal Government(through the Ministry of Federal Capital Territory but issued on 27thday of October, 1998) with the Original Area of 60.9 hectares. The new File Number is MISC: 51508. The benefactor from the very beginning of the quest to have land in Abuja is late General Mamman Jiya Vatsa which the land is named after now.
ii. However, via a Letter of Revocation with Ref. No.: MFCT/LA/MISC. 3989 dated 7th February, 2001, the Ministry of Federal Capital Territory revoked the grant to ANA for non-development after a long period of time (over fifteen years).
iii.
ANA wrote to the Ministry of Federal Capital Territory dated 8th September,
2003 during the Prof. Olu Obafemi administration for the reinstatement of Plot
23, Mpape District of FCT, Certificate of Occupancy No.: FCT/ABU/MISC: 3989,
which was approved via a letter dated 14th October, 2003, a reinstatement of
about 53.7hectares was made by the Ministry of Federal Capital Territory with
7.2hectares excised from the 60.9 hectares earlier revoked and communicated to ANA.
However, the surveyors of ANA’s developers ( Home Securities Limited)established
through the beacons shown the size of 45.55 hectares with the difference of
8.15 hectares excised by the Ministry as part of an area being planned as a new
layout. ANA wrote through the then developers (Home Securities Limited) dated
27th April, 2004 to Mallam Nasir El-Rufia, the then Minister of the Federal
Capital Territory.
iv.
Ironically, instead of the earlier 53.7hectares (of which 8.15 hectares were
excised by the Ministry of Federal Capital Territory) being restored, the offer
of Statutory Right of Occupancy released to ANA dated 2nd day of November, 2010
of Plot No. 23 (now Plot No.: 3158) with new File No.: MISC 51508, was a much
reduced area size, to wit: 36.95 hectares. Since then, that is the current
recognised size of the land till date pending any future action for the
reinstatement of the balance.
v.
The relationship between ANA and Home Securities Limited was severed which
resulted in a court action which was decided in favour of ANA. The former
developers filed a Motion on Notice for extension of time within which to
appeal which was granted on 26thday of October, 2016 for it to file its Notice
of Appeal within 21 days from the date of the extension granted by the Court of
Appeal, Abuja Division. Another case decided in ANA’s favour is Eyrie
Investment Limited while Gandu Properties Nig. Limited & 1 Or Vs. Miyosam
Ventures Limited & 11 Ors(Suit No.: CV/1205/2012) is still pending before
the High Court of Federal Capital Territory, Court 4, Maitama and was adjourned
to 20th day of November, 2019 for a ruling on an interlocutory application for
a restraint order.
vi.
Consequent upon the severance of relationship with Home Securities Limited and
the concomitant court action which was decided in favour of ANA, the latter
engaged Korlie Mobs Ventures Limited (KMVL) as the new developers via a
Memorandum of Understanding dated 15thday of November, 2012 with ANA’s Letter
of Consent dated 11th day of December, 2012 with additional Memorandum of
Understanding dated 28thNovember, 2013 (Stamp Duties on last Memorandum of
Understanding dated 8thday of December, 2013). KMVL faced several challenges
such as Certificate of Occupancy collection (which is still uncollected) and
disturbance from Home Securities Limited, Eyrie Investment Limited, Gandu Properties
Limited as well as other intruders.
3. ANA AND ITS LEGAL STATUS VIS-À-VIS THE LAND:
Despite
the challenging topography of the land, there is no gainsaying the fact that
itis located at a choice part of the Federal Capital Territory, a picturesque setting
with two gullies that run through north-eastern and north-western parts of the
land to form a confluence at the south-western end and extends beyond, symbolic
of the two major rivers in the country converge into a delta which flows to the
Atlantic Ocean. During the rainy season, streamlets of water normally course
through these gullies, which are checked by proper culvert formations. Little
wonder that this land has attracted both genuine and nefarious interest from inhabitants of the capital city.
So far three High Court actions have been instituted against ANA, with KMVL
joined as co-defendants in two of them. A concise review of these cases is as
follows:
A) HOME SECURITIES LIMITED VS. INCORPORATEDTRUSTEES OF ANA (SUIT NO.: FCT/HC/CV/874/08):
In this action, Home Securities Limited (a property developer) was appointed by the Prof. Olu Obafemi administration to develop the land. After ANA had revoked the agreement on the ground of non-performance, Home Securities Limited instituted a court action against it, claiming among other reliefs, a declaration of ownership of 60% of the 60.9 hectares (the original area size)of the land granted to ANA by the late General Mamman Jiya Vatsa, one-time Minister of the Federal Capital Territory, Abuja. As stated above, the judgment was in favour of ANA, albeit the sum of Ten Million Naira only (N10, 000,000.00) was awarded to Home Securities Limited. On 26th day of October, 2016, the Court of Appeal, Abuja Division, granted the application for Home Securities Limited to file its Notice of Appeal out of time. Nothing has been heard from the said property developer since then.
EYRIE INVESTMENT LIMITED VS KMVL
ANDINCORPORATED TRUSTEES OF ANA (SUIT NO.: FCT/HC/CV/382/2014):
This is an action on a breach of contract entered between Eyrie Investment Limited and KMVL and ANA. Upon the revocation of the contract for breach of the terms, Eyrie Investment Limited sued KMVL and ANA. In line with the doctrine in equity which says: ‘He who comes to equity must come with clean hands,’ Eyrie Investment Limited approached the court for redress with soiled hands and lost as the judgment was in favour of ANA and KMVL. This is over four years now and nothing has also been heard from Eyrie Investment Limited. Initially, it threatened to appeal the decision of the lower court, but up till date, nothing of sort has been done.
C) GANDU PROPERTIES NIG. LIMITED & 1 OR VMIYOSAM VENTURES LIMITED & 11 ORS (SUIT NO.: CV/1205/2012):
The less that is said about this case, the better as the matter is still pending before the High Court of the Federal Capital Territory, Maitama, Abuja(specifically Court 4) and is well covered by the doctrine of subjudice. The brief facts of this caseare that Gandu Properties Nig. Limited and Alh. Mohammed Bello Siadu purportedly bought the entire ANA’s land from Miyosam Ventures Limited, who in turn claims it acquired the entirety of ANA’s land from Home Securities Limited(ANA’s erstwhile developer). The amazing and rather preposterous thing about this case is that ANA has never given Home Securities Limited any legal instrument that empowered it to alienate the entire ANA’s land as allocated to it by the Ministry of the Federal Capital Territory. In any case, the matter was adjourned as at the last court sitting to 20th day of November,2019 for a ruling on an application praying for a restraint order.
Aside the foregoing cases, ANA had had invitations from Independent Corrupt Practices & Other Related Offences Commission (ICPC) last year where a party who must have gotten a portion of the land from a wrong or fraudulent source, lodged a complaint against ANA. Unfortunately for this individual, there was no trace whatsoever that ANA had ever had any dealing with him nor alienated any part of the land to him. This appeared to have stalled further action on this complaint before the ICPC (after ANA had made its submission to the Commission) as it is obvious that ANA has got no case to answer for anybody’s nonchalant or care-free involvement with wrong persons to purportedly acquire any portion of ANA’s land without due investigation being carried out or due process being followed to the letter on his part.
4. CONCLUSION:
With
two judgments in its favour thus far (and a third still awaited), ANA’s success
story over this land is hinged on noting but truth and justice, astuteness of
its legal team and, of course, the altruistic vision to promote literature via
the establishment of international writers’ residencies as well as nurturing
young writers in Nigeria and beyond. As can be testified by the ongoing
development on the land, ANA is completely in possession of the land, fortified
by requisite documents of ownership and judicial decisions.
With
two judgments in its favour thus far (and a third still awaited), ANA’s success
story over this land is hinged on noting but truth and justice, astuteness of
its legal team and, of course, the altruistic vision to promote literature via
the establishment of international writers’ residencies as well as nurturing
young writers in Nigeria and beyond. As can be testified by the ongoing
development on the land, ANA is completely in possession of the land, fortified
by requisite documents of ownership and judicial decisions.
Thank
you.
______________________
Isaac Attah Ogezi Esq.
National Legal Adviser
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