Abuja High Court Fixes September 1st for Hearing in Suit Filed by Children of Late Military Governor.
The Abuja High Court sitting at Jabi has scheduled September 1st as the date for hearing a suit brought before it by four children of the late military Governor of Akwa-Ibom State, Idongesit Nkanga.
The plaintiffs, Utibeabasi, Etietop, Lance, and Ini-Idara, alleged that they were forcibly evicted from their deceased father’s house by their stepmother.
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In their petition, the children are seeking to invalidate the warrant of possession of premises issued in favor of their stepmother, Mosun Nkanga. Their father, a retired air commodore, tragically passed away in December 2020 due to COVID-19 complications.
The eviction took place on June 6, 2023, following a court order obtained by Mosun Nkanga, their stepmother. The court had previously granted her possession of her late husband’s estate based on a suit she filed, asserting that she was denied access to the property, which the court deemed a violation of her rights.
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However, the plaintiffs contested the claim, stating that their late father had allocated one wing of the building (marked 3A) to their stepmother in his will.
They further explained that the second wing (3B), where their father resided before his demise, was designated as their family house, with the condition that it would be reverted to their stepmother when their youngest sibling, Ini-Idara, turned 30.
The plaintiffs’ lawyer, Mr. Inibehe Effiong, argued that Ini-Idara is currently 25 years old, and therefore, their stepmother should not have taken possession of the building until he reaches the age of 30, as specified in the will.
Effiong contended that Mosun Nkanga had not obtained the letter of administration or grant of probate over the estate as directed by the court prior to assuming ownership of the property.
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During the recent court proceedings, Effiong informed the court that the plaintiffs were currently homeless, emphasizing that they had resided in the property before their late father’s marriage to Mosun in 2007. He urged the court to hear and determine the plaintiffs’ application before the annual judges’ vacation.
On the other hand, Marvin Omorogbe, the lawyer representing Mosun Nkanga, argued that there was no urgency in addressing the children’s request to nullify the earlier eviction order. Omorogbe disputed Effiong’s claim that the children were homeless, stating that they were on holiday in France at the time of the eviction.
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Justice O. A. Musa, after hearing both sides, acknowledged the congested court docket and advised the plaintiffs to find temporary accommodation until the judge’s return from the annual vacation. The case was adjourned to September 1st for the hearing.
The upcoming court session will determine the outcome of the lawsuit filed by the children of the late military Governor, shedding light on the dispute surrounding their eviction and the validity of their stepmother’s possession of the property.
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