Victor Giwa, a human rights activist based in Abuja, has raised an alarm over the invasion of a property at 1 Mekong Close, Maitama, by operatives of the Directorate of State Services (DSS).
The property includes two flats, 3B and 3C, currently involved in a legal dispute between Ms Asabe Waziri, a Nigerian National Petroleum Company Limited (NNPCL) employee, and Abeh Signature Limited.
Giwa stated that despite a Court of Appeal judgment delivered two weeks ago, a stay of execution on the judgment has already been filed.
He said, “At about 7.30 pm Friday, Asabe invaded the property and blocked the entrance with her car. Then, at about 9 pm, heavily armed operatives of the Directorate of State Services joined her to aid her access to the property.
“The operations of the men of the DSS in the property are illegal; nowhere in law is the DSS allowed to enforce court order in a civil dispute.
“I met the DIG; he said his men know nothing about the enforcement of the court order”.
Background
On February 17, 2022, Justice Musa ordered Abeh Signature Ltd to refund N150 million to Ms Waziri, the amount she had paid for two-bedroom flats.
The judge also instructed Waziri to vacate the apartments and have her money returned.
Unhappy with the decision, Waziri filed an appeal through her lawyer, Henry Eni-Otu.
In appeal number CA/ABJ/CV/246/2022, Waziri sued Abeh Signature Limited as the sole respondent.
On May 21, the Appeal Court in Abuja unanimously overturned the lower court’s decision.
Legal restriction on DSS, others
Reacting swiftly, the respondent’s lawyer, Victor Giwa, filed an application on May 22 requesting the court stay the execution of the judgment pending an appeal to the Supreme Court.
Abeh Signature Limited, in the motion, prayed the court for the following order: “An order for stay of the execution of the judgment delivered by this honourable court on the 21st day of May, 2024 in Appeal No: CA/ABJ/CV/246:2022 between Asabe Waziri v. Abeh Signature Limited, pending the final determination of the substantive Appeal.
“An order of injunction restraining the appellant/respondent whether by herself or her privies, assigns, agents, personal representatives, successors-in-title from acting in any manner to give effect to the judgment of this court delivered on the 21″ day of May, 2024 pending the determination of the appeal.”
Some of the grounds of the application include: “The appeal in this case has been entered with the records of appeal already copied and transmitted to the registry of this honourable court
“The respondent/applicant is highly desirous of prosecuting this appeal ard unless this application is granted, the respondent will give effect to the judgment of the lower court.
“The respondent/applicant has good and substantial grounds of appeal as well as triable issues, with a reasonable chance of success upon being heard and determined on its merit.
“It is in the interest of justice to maintain the status quo pending the determination of the substantive appeal.”
