The Nigerian Army has asked the Federal High Court in Abuja to dismiss a suit filed over a disputed property in the Apo District of the Federal Capital Territory (FCT), describing the case as an abuse of court process.
The suit, marked FHC/ABJ/C’S/2635/2025, was instituted by a professor, John Ntui Ntuiabane, who is seeking the court’s interpretation of the rights of Nigerian citizens to own property.
The claimant is also asking the court to preserve the rights of a retired deceased Major who was said to have originally been allocated the disputed property, which is currently occupied by a retired Naval chief.
The property became a subject of public attention following an altercation involving Lt. Ahmed Yerima, a young Naval officer said to be guarding the plot, and the Minister of the Federal Capital Territory, Nyesom Wike. The incident occurred when the minister led officials of the Federal Capital Territory Administration to the site.
In a preliminary objection dated March 24, 2026, the Nigerian Army, through human rights lawyer Victor Giwa, urged the court to strike out the suit, arguing that it is incompetent and that the court lacks jurisdiction to entertain it.
According to the Army, the suit is speculative, hypothetical and academic in nature.
“The suit is grossly incompetent, having been filed via originating process, highly speculative and hypothetical and academic in nature,” the objection stated.
The Army further argued that the claimant was merely seeking a judicial pronouncement on an academic issue, and asked the court to dismiss the matter.
Those listed as defendants in the suit include the Minister of Defence, Minister of State for Defence, Chief of Defence Staff, Chief of Naval Staff, Vice Admiral Zubairu Gambo, Lt. Ahmed Yerima, and the Attorney-General of the Federation.
The matter is expected to come up for further proceedings before the Federal High Court in Abuja.
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