An FCT High Court last Thursday struck out a suit instituted by Mr Francis Uchendu urging it to stop the Federal Capital Development Authority (FCDA) from further demolishing his house in Dutse-Alhaji, Abuja.

Delivering judgement, the presiding judge, Justice Yusuf Halilu said that the land in question was not properly acquired since it was not allocated by the FCDA.

He said the land use act specifically vested allocation of all land within the Federal Capital Territory (FCT) on the Federal Government to be managed by the FCT minister.

“It is a well settled fact that the ownership of land comprised in the FCT vests in the president who through the FCT minister vests same on every citizen.

“Without allocation by the minister, there is no way any person can acquire land in the FCT,’’ Halilu said.

He said that Uchendu, having acquired his plot from a private citizen and validated same through the Chief of Dutse, still did not have any legal rights to prevent the FCDA from re-possessing the plot.

“The plaintiff’s case is hinged on documents that emanated from parties who are not recognised by law to have authority to carry out any transactions on land within the FCT,’’ he said.

The judge said that the plaintiff was wrong to have assumed that a letter of approval by the chief of Dutse was all he needed to construct his building.

He said that ways of proving ownership of land included traditional evidence, production of document of title, act of long possession and proof of possession of connected or adjacent land.

The case was instituted through a writ of summons dated July 17, 2011 filed by the plaintiff’s counsel, Mr Okorie Okorie.

The suit listed the FCT minister, the FCDA, Abuja Metropolitan Management council, and the Department of Development Control as defendants.

The plaintiff had, in his suit, prayed the court to rule that he was entitled to the land, measuring 50 feet by 50 feet located in Dutse-Alhaji.

He prayed the court for an order restraining the defendants from further disturbing his enjoyment of the plot.

The plaintiff also prayed the court for a declaration that the defendants did not employ due process in marking the building for demolition as well as the sum of N150,000 being cost of filing the suit and N3 million for general damages.

Okorie told the court that Uchendu purchased the plot from one Alhaji Mohammed Goni at the cost of N45,000 in 1999 and was issued an “identification letter’’ by the chief of Dutse, but was surprised when in 2011, the house was marked for demolition.

The lawyer argued that the land was located in a densely populated settlement, occupied mostly by Gbagi indigenes.

He said that the plaintiff, having acquired and developed the land, took possession of it, adding that the defendants had no legal right to demolish the property on the plot.

He submitted that the plaintiff had suffered huge loss and was entitled to compensation.

The defence counsel, Mrs Betty Unegbulem, argued that Abuja Geographic Information System (AGIS) was the body responsible for updating land records in the FCT.

She said that only the Government of Nigeria could authorise sale or allocation of land within the FCT.

She also said that the plaintiff did not obtain any building approval from the Department of Development Control before erecting his building.

She therefore urged the court to strike out the plaintiff’s claims as he was not a legal owner of the land in question.