Obviously lacking Jurisdiction, Abuja Judge Grants Exparte Order On Disputed Lagos Property

Officers of the Federal Capital Territory, High Court, Abuja, Tuesday, sealed up a property located at Lekki Peninsula Scheme, Lagos, following an Exparte Order granted by Hon. Justice Othman Musa of the court.

The sealed up property houses various business entities including Angelos, Café, Zevis, Pharmaceuticals, EOD PFM Ltd, Lord of Hosts Miracle Church, who have been carrying their various businesses in the premises for several years.

The Exparte Order was granted in a case for enforcement of Fundamental Rights in Suit No. FCT/HC/CV/4636/2025, instituted by Mr. Henry Ugonna Orabuchi Vs Nigeria Police Force and Others.

The plaintiff had alleged that his fundamental Rights as guaranteed under Sections 34, 35, 36, 37, 41, and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, have been breached.

He claimed that he purchased 3,000 square meters of reclaimed land situated at the back of Plot No A Block 12, Lekki Peninsula Scheme, Lagos State from the Landlord, Mr. Emecheta Elvis Eze, which has nothing to do with the premises where the business entities are located.

The plaintiff filed the suit to shield him from honouring invitation of the Nigeria Police Force, following a Petition against him by Prof. Mike Ozekhome, SAN, (lawyer to Mr. Emecheta) over Mr.
Henry’s conduct that amounts to criminal trespass, damage to property and threat to life.

In the fundamental Rights suit filed by the law office of Chikaosolu Ojukwu, SAN, on behalf of the plaintiff, it was argued that the Police Invitation infringes on his fundamental Rights and is aimed at compelling him into relinquishing his lawful proprietary and contractual rights over the 3,000square meters of reclaimed land behind the sealed up property.

In his Exparte application before the Court, Ojukwu urged the Court to grant an Exparte Order to seal up the Lagos property.

The court presided over by Justice Musa granted the order on on November 24, 2025 to seal and secure the entire property, including the reclaimed land at the back of the property measuring 3,000 square meters

He also ordered the immediate stoppage of all construction works, activities, actions, or steps on the said property while ensuring that no person, authority, or entity howsoever described is permitted access to or entry upon the property pending the hearing and determination of the substantive suit pending before the court.

Following the order of the court which was supposed to have been vacated, having elapsed, on December 30, 2025,, all the occupants of the property and their workers were forcefully chased out of their business premises and the property was sealed up by people who introduced themselves as officers of the FCT High Court, from Abuja.

All efforts by the various business owners to explain to the FCT Court officials that their business premises is different from the 3,000square meters of the reclaimed land upon which the plaintiff claim is predicated, met stiff resistance as they were forcefully pushed out of the premises without being allowed any opportunity to remove anything from there.

The institution of this case in FCT Abuja and the grant of the Exparte Order suggests a grand and calculated scheme orchestrated to cause mischief and hardship on the Landlord of the Premises and the innocent occupants who have been deprived of access to their business premises. The Business owners are not parties to the alleged agreement between Mr. Henry Ugonna Orabuchi, and Mr. Elvis Emecheta, over the 3,000 square meters of the reclaimed land behind their business premises and are not parties to the fundamental rights enforcement suit.

The Exparte Order of the FCT High Court over the Lagos property is a manipulation and abuse of judicial process using the instrumentality of the judiciary itself (FCT High Court) which has occasioned great hardship and injustice on the business owners and Landlord.