Court restrains sale of late Judge’s Property as Daughter sues church

The Federal High Court, Abuja, has issued an interim injunction restraining Christ the King Catholic Church in Okene, Kogi State, and its parish priest, Reverend Father Ezekiel Awolumate, from selling properties belonging to the former President of the Abuja Customary Court of Appeal, late Justice Moses Bello.

The suit presided over by Justice Mohammed Madugu was instituted by Ann Eniyamire, daughter of the late justice, against the church and the priest.

She alleged that she was shortchanged in the execution of her father’s will, which specified that his assets be divided among his wife and eight children using an 11.11 per cent sharing formula.

However, Eniyamire claims that Awolumate, the first defendant, altered the formula to 4.16 per cent, contrary to her father’s instructions.

Eniyamire has asked the court to annul the defendants’ decision and to relieve them of their duties as executors of her father’s will. Additionally, she is seeking a court declaration that she is entitled to 11.11 per cent of all her father’s assets, including shares and stocks.

In the ruling on motion ex-parte FCT/HC/M/12904/2024, filed by Eniyamire through her counsel, Yahuza Maharaz, the court restrained the defendants, their agents, and representatives from attempting to sell or lease the property located at Plot No: 763, Cadastral Zone A6, Panama Street, Maitama, Abuja (C-of-O No: 164 EW-FE 243-59 DDR 6018U-10).

Justice Madugu issued the following orders, “An interim injunction restraining the defendants and their agents from selling, leasing, or mortgaging 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 or any other property that is the subject of dispute, pending the hearing of the substantive suit.

“An order directing the Economic and Financial Crimes Commission, the State Security Service, and the Nigeria Police Force to apprehend, arrest, detain, and prosecute anyone attempting to sell, mortgage, or lease the property.

“An order granting the applicant permission to mark the property with red paint and display a sign that reads “NOT FOR SALE / Lis Pendens” on the property, pending the outcome of the case.”

The court also ordered the applicant to paste copies of the court order on the main entrance and walls of the property and to publish the order in national newspapers.

Justice Madugu also instructed that all parties in the suit must maintain the status quo as of the date the substantive suit was filed, pending its resolution.

He warned the defendants and their agents against tampering with the property markings or removing the court orders on the wall or entrance gate of the property, stating that any such actions would be considered contempt of court.

The court emphasized that any steps taken in violation of its orders would lead to contempt charges, and the defendants were reminded to fully comply with the orders pending the hearing of the substantive suit.