The Supreme Court will, on November 15, resume hearing in an appeal by Alhaji Shehu Malami challenging a Court of Appeal’s judgment declaring Mr. Imokhuede Ohikhuare owner of a N1 billion Abuja property.
Malami, a former ambassador to South Africa and chairman of Abuja Electricity Distribution Company (AEDC), and Sir Emeka Offor, chairman of Chrome Group, are the appellants while Nigerian-American businessman Ohikhuare is the respondent.
The appeal is being heard by a five-man panel, comprising Justices Clara Ogunbiyi, Kudirat Kekere-Ekun, John Inyang Okoro, Amiru Sanusi with Chief Justice of Nigeria-designate, Walter Samuel Nkanu Onnoghen, presiding.
At the second hearing on May 17, Malami, through his counsel Mr. Shaka Awalience, told the court he filed a sworn affidavit seeking leave to withdraw the notice of appeal and discontinue the suit.
This implied that the appellants would abide by the unanimous decision of the Court of Appeal, Abuja, in Suit No CA/A/370/2012, delivered on May 28, last year, which resolved ownership of the two-wing duplex in Ohikhuare’s favour.
But there was a stir after Awalience addressed the court, because another counsel Mr. Joe Agi (SAN) announced his appearance as lead counsel for both appellants and said he would argue the appeal on their behalf.
Awalience, however, insisted he had Malami’s mandate via the sworn affidavit to discontinue the appeal.
The respondent’s counsel, Sunday Ameh (SAN), urged the court to focus on Malami’s sworn affidavit as the credibility of the appeal depended on its content.
While their lordships agreed with Ameh’s submission, they directed Agi to sort out the issue of Malami’s legal representation between himself and Awalience and adjourned till November 15.
In its judgment, the Appeal Court, comprising Justices Mohammed Mustapha, Tinuade Akomolafe Wilson and Tani Yusuf Hassan, found as “spurious and untenable”, Malami’s claim that he sold the land and gave an irrevocable power of attorney to Offor in 2005 before he filed a suit before Justice A.S. Umar at the Federal Capital Territory (FCT) High Court.
The court declared as null and void, the September 12, 2012, forcible eviction of Mr. Ohikhuare from the property on the basis of an unlawful execution of the FCT High Court judgment.