FCDA shuns appeal court, demolishes Abuja garden

Doosuur Iwambe, Abuja

The Department of Development Control, at the weekend, demolished a garden at plot 164B, Cadastral Zone B01, Gudu District Abuja, belonging to Stoppy Ltd.

The demolition was executed not minding a notice of appeal and a motion for stay of execution.

Addressing newsmen, Managing Director of Stoppy Ltd and owner of the Garden, Ngozi Anene, stated that her business premises worth millions of Naira were maliciously destroyed.

She disclosed that the land (recreational park) in question has been a subject of litigation, and that there is an appeal at the Court of Appeal Abuja Division in respect of the disputed land.

A notice of appeal from the chambers of Barrister Anthony Agbonlahor and Associates, indicated the pendency of appeal.

Also, Anene said her counsel had filed a motion for stay of execution of a judgement of the FCT High Court on 11th April 2019.

The motion according to her has been fixed for hearing on May 27, 2019, adding that the Department of Development Control, FCDA was served with the motion.

The claimant to the disputed land, Agriculture and Rural Management Training Institute (3rd defendant) was equally served.

She therefore wondered why the FCDA and the 3rd defendant would resort to self help by demolishing the garden when they know about the appeal.

Her pain was the fate of over 20 workers under her payroll.

“Without prior notice, the Department of Development Control demolished my garden; I could not bring out anything.

“All my property and business items were buried under the rubble.

“Look at these boys and girls working with me, where will they go, what will they do; FCDA wants them to turn to the streets and become Boko Haram, thugs, criminals or what?

“I am an employer of labour, and this is not the best way to encourage entrepreneurs and small scale businesses in the country, Ngozi Anene lamented.

She said that the land was given to her since 2007 and she has invested a lot in the place since the.

Amid sobs, she said; “I was not given any notice, we woke up this morning going on with our normal business of the day when all of a sudden, they drove in with their catapillers and started razing down the garden

“This was even after I notified them of the acknowledged copy of the appeal and the motion of stay of execution served on them.

“It was too sudden that we could not even move a pin. All out properties have been destroyed.

“These people are aware of the appeal pending before the court of appeal. A copy of the stay of execution was served on them. I am calling on president Muhammadu Buhari to come to my aid because I have nobody.

“Officials of the FCDA should stop taking laws into their hands”, She said .

Also, her lawyer Mr. Anthony Agbonlahor who wondered why the government will choose to execute the court judgement added that he will pursue the matter to a logical conclusion.

He said, ” A motion of appeal has been filed, a motion for the stay of execution has also been filed and May 27 has been fixed to hear the matter.

” It surprise me that despite these facts, the FCDA choose to come here and carry out this action.

” It will not deter us from pursuing this case to a logical conclusion. The Supreme court has held in several cases that if a matter is in court, you don’t resort to self help.

“We have an execution unit of the High Court. None of these parties applied for for execution.

I don’t understand why they choose to take laws into their hands. The government will pay for all the damages”, he added.