The Court of Appeal in Abuja has overturned a previous ruling of an FCT High Court that favored Abuja property developer Cecil Osakwe. This new decision comes as a significant setback for Osakwe, who has been accused of sharp practices in his real estate dealings. Abuja Appeal Court overturns ruling in a landmark case that underscores the necessity of credible evidence in legal disputes.
Background and Lower Court Ruling
The FCT High Court, presided over by Justice Othman Musa had originally directed Osakwe, CEO of Abeh Signature Ltd., to refund N150 million to investor, Ms. Asabe Waziri. Ms. Waziri had purchased a luxury apartment from Osakwe. In addition to the refund, the lower court ordered Waziri to vacate the two-bedroom property in Maitama, an upscale district in the FCT, citing violations of the Money Laundering Act.
Osakwe claimed that Waziri’s payment method was illegal. He also alleged that Waziri misrepresented herself as a business woman while she was a civil servant. Osakwe sought to reclaim the property by offering to return the money paid by Waziri.
Appeal and New Judgment
Dissatisfied with the lower court’s judgment, Waziri, through her lawyer Mr. Henry Eni-Otu, appealed the decision. Abuja Appeal Court overturns ruling, with Justice Hamma Barca leading the appellate panel. They found the initial ruling unsupported by credible evidence and declared it a miscarriage of justice.
The appellate court noted that the trial judge failed to substantiate the allegations made by Osakwe and that the evidence presented by Waziri, including email exchanges and payment details, effectively countered the developer’s claims. The court emphasized that a party seeking declarative relief must establish entitlement based on the strength of their case, not the weaknesses of the opponent’s case.
Final Judgment
The Court of Appeal’s judgment vacated the FCT High Court’s ruling, ordered Osakwe to refund the N150 million to Waziri, and imposed a fine of N500,000 against Osakwe, payable to Waziri. The appellate court’s decision underscored that Osakwe’s allegations were not backed by tangible evidence and that the transaction was legitimate.
Conclusion
This judgment by the Court of Appeal reaffirms the need for credible evidence in legal disputes and underscore seethe importance of upholding justice in real estate transactions. It serves as a reminder that sharp practices in the property market will not go unchecked by the Nigerian judiciary.
Related News by: News Agency of Nigeria
Read Here, an in-depth version of the Appeal Court Judgment of May 21, 2024.
