The late Justice Moses Abu Bello’s daughter, Ann Eniyamire, has asked the Federal Capital Territory High Court in Bwari, Abuja, to imprison the custodians of her late father’s estate in Maitama, Abuja, over alleged disobedience of a subsisting order regarding the property.
Her committal proceedings follow a court order that blocked the sale of the property pending the determination of her case.
Justice M. A. Madugu had granted the order in a motion ex parte marked FCT/HC/M/12904/2024, filed by Eniyamire’s lawyer, Yahuza Maharaz.
Nairametrics previously reported that Ann Eniyamire, the daughter of the late former President of the Customary Court of Appeal in Abuja, had petitioned the Federal Capital Territory High Court in Bwari, Abuja, seeking entitlement to 11.11% of her late father’s properties, including estates and stocks.
What Transpired at Previous Proceedings
In the suit labeled CV/667/2024, Eniyamire’s attorney, Barrister Yahuza Maharaz, argued that his client was deprived of her rightful share by the executor of the will, Reverend Father Ezekiel John (first defendant), and others involved in the estate’s administration.
Eniyamire claims her father decreed that his assets be divided equally among his wife and eight children, following an 11.11% sharing formula. Instead, she alleges that a formula allocating merely 4.16% was implemented by the defendants.
At a previous sitting in April this year, Adewale Adegboyega, representing the defendants, raised a preliminary objection questioning the suit’s validity.
Weeks later, Eniyamire’s lawyer filed a motion seeking a restraining order against the sale of the properties pending the determination of her case.
In a ruling on October 14, 2024, Justice M. A. Madugu granted an interim injunction restraining the defendants from making any attempt to sell, lease, or mortgage the property at Plot No: 763, Cadastral Zone A6 (No. 41, Panama Street, Maitama, Abuja, with C-of-O No: 164 EW-FE 243-59 DDR 6018U-10 of File No: KG 10050) pending the hearing of the substantive suit, adding that a “NOT FOR SALE” sign must be inscribed on the property.
Committal Proceedings
However, the late judge’s daughter filed a motion on notice dated October 25, 2024, requiring the defendants to show cause why an order of committal (to prison) should not be made against them.
In her documents seen by Nairametrics, she alleged that the defendants removed the ‘NOT FOR SALE’ inscription on the property in contravention of the court order.
“To preserve the dignity of this Honourable Court and to prevent further disobedience to the Order of this Court, the 1st Defendant/Rev. Father Ezekiel John Awolumate and Mr. Joseph Asuku Bello ought to be committed to prison and restrained,” her lawyer prayed.
Nairametrics gathered that the matter is adjourned to October 28, 2024, for further hearing.
What You Should Know
The FCT High Court holds jurisdiction over various legal matters within the Federal Capital Territory. A will, as a testamentary document, is voluntarily made and executed under the oversight of a competent court.
