Appeal Court Says Asabe Waziri Owner Of Abuja Property After 3–Year Legal Battle

COURT OF APPEAL OVERTURNS FCT HIGH COURT DECISION VOIDING SALE OF ABUJA PROPERTY, LAMBAST DEVELOPER FOR MISCHIEF

The Court of Appeal in Abuja has unanimously overturned the judgment of Justice Othman Musa of the FCT High Court, which had earlier ordered property developer, Cecil Osakwe, the CEO of Abeh Signature Ltd, to refund N150m (One Hundred and Fifty Million Naira) to Ms. Asabe Waziri. The earlier February 17, 2022, decision also ordered Ms. Waziri to vacate the 2-bedroom property she purchased from Osakwe.

It will be recalled that sometime in 2021, Ms. Asabe Waziri purchased a property from Abeh Signature Limited promoted by Cecil Osakwe.

However, almost a year after the property was purchased, Mr. Cecil Osakwe sought to repudiate the contract on the ground of spurious money laundering allegations, which was only a masked attempt to take advantage of the increased valuation of the property.

Following Ms. Asabe’ refusal to yield to Cecil Osawke and Abeh Signature Ltd’s unlawful demands, Abeh Signature Ltd instituted an action at the High Court of the Federal Capital Territory, presided over by Hon. Justice Othman Musa, who ruled in favour of Abeh Signature Ltd.

Abeh Signature Ltd and Cecil Osakwe will latter rely on the judgment to harass, blackmail, malign and unlawfully evict Ms. Asabe Waziri, despite the pendency of a valid order of the court of Appeal directing parties to maintain status quo ante bellum..

However, in a unanimous verdict, the three-judge panel of the Court of Appeal led by Justice Hamma Akawu Barka, comprising Justices Abba Bello Mohammed, and Okon Efreti Abang, delivering a judgment on the Appeal filed by Ms. Asabe Waziri through her lawyer, Henry Eni-Out, came down heavily on Abeh Signature Ltd and held that the attempt to criminalise the transaction was a smokescreen, having benefitted from it by receiving the purchase fee. The penultimate Court specifically held that Abeh Signature Ltd has not been able to prove any allegations of money laundering.

The Court of Appeal declared that the judgment of the trial court was not supported by credible evidence and constituted a miscarriage of justice.

Justice Barka, in his lead judgment stated:
“It is clear that the respondent, having benefitted more from the transaction, seeks to vitiate the contract possibly to further benefit from it. I agree with the appellant’s counsel that the appeal is destined for success and should be allowed. Hence, having resolved all issues in favor of the appellant, this appeal succeeds and is hereby allowed. The judgment of the High Court of the Federal Capital Territory, Abuja in suit No: CV/2435/2021, delivered on February 17, 2022, is hereby set aside, and all actions taken consequent to the said judgment also stand vacated. The appellant is entitled to costs assessed at N500,000 (five hundred thousand Naira only). Appeal allowed.”

Source:- Premiumtimesng