A practicing lawyer, Charles Gabriel has dragged the Federal Ministry of Housing and Urban Development before an Abuja High Court over attempt by its agency, Federal Housing Authority, to alter and re-design parts of Lugbe Estate, Abuja, against the original plan shewing layout survey.
The lawyer, who is demanding the sum of N500 million as general damages and N5 million as cost of the litigation, asked the court to declare such act being attempted as illegal, wrongful, ultra vires, null and void and of no effect on him.
A suite filed on behalf of him by his Counsel, Barrister U. I. Ubeuwou, joined the Attorney General of the Federation as first defender while the minister of Housing and Urban Development, Federal Ministry of Housing and Urban Development and Federal Housing Authority are second, third and fourth defenders respectively.
The lawyer wanted the court to declare that the acts and conducts of the Federal Housing Authority and by extension, the 1st, 2nd and 3rd defendants in altering and redesigning the front of shops 1 and 3 1H. Road, Lugbe Estate, Abuja, measuring 385 square metres against the original plan shewing layout survey “is illegal, wrongful, ultra vires, null and void and of no effect on him.”
He averred that such acts are aimed at blocking and denying him direct access to the road and denied him the right of appurtenances, easement, ingress and egress, and that the court should direct the defendants to pay jointly or severally, general damages in the sum of N500 million in addition to N5 million as cost of litigation.
The aggrieved lawyer averred that he bought the shops from one Hajiya Hauwa Abacha on the 16th March 2004 and both of them executed a Deed of Assignment, saying that sometimes in September, 2019, some unidentified staff of the Federal Housing Authority came to the front of the shops which was not originally designed for shops or plots for allocation and started measuring some portions with a view to illegally re-design the said portions and allocate same to themselves, allies and cronies.
“The Claimant (Charles Gabriel) immediately, through one David A. Audu, caused a letter dated 26th September 2019, to be written to the Honourable Minister of the Federal Capital Territory, Abuja. The said letter was copied to the Managing Director and Chief Executive of the 4th Defendant. Evidence of endorsement copies of the said letters dated 26th September, 2019 and titled “A LETTER OF COMPLAINT OVER A VERY WEIGHTY SPECULATION IN RESPECT OF A CALCULATED ATTEMPT BY SOME YET TO BE PROPERLY IDENTIFIED STAFF OF THE FEDERAL HOUSING AUTHORITY ABUJA” is hereby attached as “Annexure C & D” respectively and shall be relied upon at the trial of this suit.
“The Claimant avers that, following the letter of 26th September, 2019, the 4th Defendant verbally denied and de-associated itself from the yet to be identified staff of the 4th Defendant and eventually stopped the illegality intended to be perpetrated by them.
“The Claimant avers that sometimes in August, 2002, the same yet to be identified staff of Federal Housing Authority came to the front of the shops and started measuring some portions of land in contravention of the original plan with a view to illegally alter, re-design and allocate same to themselves, cronies and allies as Shops or Plots. The Claimant again instructed David A. Audu to write a letter of complaint dated 18th August, 2020 and tilled “RE: A LETTER OF COMPLAINT OVER A VERY WEIGHTY SPECULATION IN RESPECT OF A CALCULATED ATTEMPT BY SOME YET TO BE PROPERLY IDENTIFIED STAFF OF THE FEDERAL HOUSING AUTHORITY ABUJA” to the Honourable Minister of Federal Capital Territory Abuja. The said letter was copied to the Managing Director and Chief Executive of the 4th Defendant. “That after the said letter of 18th August, 2020, the 4th defendant verbally denied and de-associated itself from the yet to be identified staff of the 4th Defendant. The 4th Defendant eventually stopped the illegality intended to be perpetrated by them.
“The Claimant avers that to further perpetrate their illegality, in June, 2021 some unidentified staff of the 4th Defendant came to the front of the shops which was not originally designed for shops or plots for allocation and started measuring some portions of the land in contravention of the Original Plan with a view to illegally alter, re-design and allocate to themselves, cronies and allies as shops or plots. The Claimant again instructed David A. Audu to write a letter of Complaint to the Honourable Minister of Federal Capital Territory which was copied to the Managing Director/Chief Executive of 4th Defendant dated 30th June, 2021 and titled “RE SECOND REMINDER A LETTER OF COMPLAINT OVER A VERY WEIGHTY SPECULATION IN RESPECT OF A CALCULATED ATTEMPT BY SOME YET TO BE PROPERLY IDENTIFIED STAFF OF THE FEDERAL HOUSING AUTHORITY ABUJA.”
“The Claimant avers that sometimes in September, 2023, the unidentified staff of the 4th Defendant again came to the front of the shops which was not originally designed for shops or plots for allocation and started measuring some portions of the land in brazen contradiction or contravention of the Original Plan with a view to illegally alter, re-design and allocate same to themselves, cronies and allies. The Claimant again instructed David A. Audu to write a letter of complaint to the Honourable Minister, Ministry of Housing and Urban Development and the Honourable Minister of Federal Capital Territory, Abuja which were all copied to the Managing Director/Chief Executive of the 4th Defendant dated 28th September, 2023 and titled “A LETTER OF COMPLAINT OVER A VERY WEIGHTY SPECULATION IN RESPECT OF A CALCULATED ATTEMPT BY SOME YET TO BE PROPERLY IDENTIFIED STAFF OF THE FEDERAL HOUSING, AUTHORITY ABUJA.”
Lawyer Charles Gabriel said that despite another letter of 10th July, 2025, the Federal Housing Authority and by extension, the 1st, 2nd and 3rd refendants still proceeded to illegally alter and re-design the front of the shops and are about to issue allocation papers to themselves, allies and cronies in brazen contradiction of the original plan shewing layout survey thereby depriving him his right of easement to the shops.
He argued that the purported alteration and re-designation of the front of the shops will cause total blockage and denial of his right to access the road to the shops as well as devalue the shops if allowed.
He said that the Federal Housing Authority has already concluded plans to upon the issuance of allocation papers direct the allotees to quickly proceed to develop the illegally altered and redesigned front of the shops, saying that his right of entry and exit to the shops would be hindered by the illegal alteration, re-designation and allocation of the front of the shops.
“The Claimant avers that, faced with agonizing choice on what to do, he approached the law firm of U. I. Obeuwou & Co; to institute a legal action on his behalf and that U. I. Obeuwou & Co; gave him a bill of N5, 000, 000. 00 (Five Million Naira) only as cost of litigation. Evidence of copy of the said cost of litigation is hereby attached as “Annexure Q” and shall be relied upon at the trial of this suit. 31. That the Honourable court is most humbly urged to intervene and restrain the 4th Defendant and by extension, the 1st, 2nd and 3rd Defendants from illegally altering and re-designing the front of the shops with a view to allocating same to themselves, cronies and allies.
“The Claimant avers that he has passed through excruciating pains as a result of the acts and conducts of the 4th Defendant and by extension, the 1st, 2nd and 3rd Defendants.
The lawyer therefore sought court declaration that the acts and conducts of the 4th Defendant and by extension, the 1st, 2nd and 3rd defendants in attempting to alter and re-design the front of Shops 1 and 3 1H. Road, Lugbe Estate, Abuja Measuring 385. 00 Square Metres against the original Plan Shewing Layout Survey is illegal, wrongful, ultra vires, null and void and of no effect on the Claimant.
