An Abuja based human rights activist, Barrister Victor Giwa, has cried out over the invasion of a property located at 1, Mekong Close, Maitama by the operatives of the Directorate of State Services, DSS.
Two flats in the property, 3B and 3C have been a subject of litigation between a staff of the Nigerian National Petrolwum Company Limited, NNPCL, Ms Asabe Waziri and Abeh Signature Limited.
According to Giwa, despite the judgment of the Court of Appeal, Abuja, delivered in the matter about two week ago, a stay of execution of the judgement had already been filed.
He said, “At about 7.30pm Friday night, Asabe invaded the property and blocked the entrance with her car. Then, at about 9pm, heavily armed operatives of the Directorate of State Services joined her to aide her access into the property.
“The operations of the men of the DSS in the property is illegal, no where in law is DSS allowed to enforce court order in civil dispute.
“I met the DIG, he said his men knows nothing about the enforcement of the court order”.
Justice Musa had, on Feb. 17, 2022, ordered Abeh Signature Ltd to refund N150 million to Ms Waziri, being the amount paid for the two bedroom units of flat.
The judge equally ordered Waziri to vacate the apartments and her money refunded to her.
Dissatisfied with the judgment, Waziri, represented by her lawyer, Henry Eni-Otu, appealed the decision.
In the appeal number CA/ABJ/CV/246/2022, the appellant, Waziri, sued Abeh Signature Limited as sole respondent.
The Appeal Court in Abuja , in a unanimously judgment on May 21, overturned the decision of the lower court.
But in a swift reaction, the respondent, through his lawyer, Victor Giwa, in an application dated May 22, prayed the court to stay the execution of the judgement pending an appeal to the apex court.
Abeh Signature Limited, in the motion, prayed the court for the following order: “An order for stay of the execution of the judgment delivered by this honourable court on the 21st day of May, 2024 in Appeal No: CA/ABJ/CV/246:2022 between Asabe Waziri v. Abeh Signature Limited, pending the final determination of the substantive Appeal.
“An order of injunction restraining the appellant/respondent whether by herself or her privies, assigns, agents, personal representatives, successors-in-title from acting in any manner to give effect to the judgment of this court delivered on the 21″ day of May, 2024 pending the determination of the appeal.”
Some of the grounds of the application include: “The appeal in this case has been entered with the records of appeal already copied and transmitted to the registry of this honourable court
“The respondent/applicant is highly desirous of prosecuting this appeal ard unless this application is granted, the respondent will give effect to the judgment of the lower court.
“The respondent/applicant has good and substantial grounds of appeal as well as triable issues, with a reasonable chance of success upon being heard and determined on its merit.
“It is in the interest of justice to maintain the status quo pending the determination of the substantive appeal.”
