An Abuja High Court has granted permission for notices of committal proceedings to be served on the Minister of the Federal Capital Territory (FCT), Nyesom Wike, following allegations that a demolition exercise was carried out in defiance of a valid court order.
Justice Hamza Mu’azu approved the request after counsel for Mykas Grid Ventures Limited moved an ex parte motion seeking leave to serve Forms 48 and 49 through substituted means.
Court Orders Substituted Service
The court permitted the claimant to serve the contempt notices via publication in two newspapers circulating within the Federal Capital Territory, Abuja.
Additionally, the writ of summons and other processes in the suit are to be served on the second defendant through advertisement in two national newspapers circulating in Lagos and Abuja.
The matter has been adjourned to March 9 for hearing.
Background to the Dispute
The dispute stems from a demolition allegedly carried out at Plot No. A06/4583, also known as Park 2023, located in Maitama District, Abuja.
Mykas Grid Ventures Limited had earlier sought an interim injunction restraining the FCT Minister and Italia Company Ltd from taking possession of the property pending determination of the substantive motion.
On February 10, Justice Mu’azu ordered all parties to maintain the status quo pending the hearing of the motion on notice.
Alleged Violation of Court Order
Despite the subsisting order, officials of the Development Control Department of the Federal Capital Development Authority (FCDA), reportedly accompanied by security personnel, allegedly moved to the site on February 24 and demolished the fence and security house on the minister’s directive.
A Form 48 notice titled “Notice of Consequences of Disobedience to Order of Court” warned that failure to comply with the court’s directive could result in contempt proceedings and possible committal to a correctional facility.
Legal Implications
Forms 48 and 49 are preliminary steps in contempt proceedings under Nigerian law. They notify a party of alleged disobedience of a court order and outline potential penalties, including imprisonment.
The development signals a deepening legal confrontation over the Maitama property and raises questions about compliance with judicial directives in land administration matters within the FCT.
The case is expected to resume on March 9 as the court continues hearing on the dispute.
