RismadarVoice Reporters, May 30, 2026
A High Court of the Federal Capital Territory (FCT) has set aside a lease agreement granted in favour of Basic Properties Limited by the Federal Capital Development Authority (FCDA) over a disputed parcel of land in Lokogoma District, Abuja.
The court held that the lease, which covered Plot 9, Cadastral Zone C09, Lokogoma District, forming part of Plot No. 6, Phase III FCDA, was invalid as it was created while an earlier lease in favour of the claimants was still subsisting.
The suit was instituted by Mr Akindeji Akinade and another claimant, who challenged the validity of the subsequent allocation and the sale of portions of the land by Saraha Homes Limited to members of the Incorporated Trustees of Lokogoma Basic Estate Owners/Residents Association.
Other defendants in the case included Saraha Homes Limited, the Minister of the Federal Capital Territory, the FCDA, and the Incorporated Trustees of Lokogoma Basic Estate Owners/Residents Association.
Delivering judgment, Justice Angela Otaluka dismissed the counterclaims by the estate owners, holding that they failed to conduct proper due diligence before purchasing the property and were therefore trespassers without a valid title.
The court declared that the lease granted to Basic Properties Limited was “a nullity and of no effect,” stating that it was issued contrary to existing rights of occupancy and the provisions of the Constitution and the Land Use Act.
Justice Otaluka also ruled that the encroachment into the disputed land by Saraha Homes Limited constituted an unlawful act of trespass.
“There was no reason or credible evidence adduced by the 3rd and 4th Defendants to create another subsequent lease while the previous lease between them and the Claimants was still subsisting,” the judge held.
The court further set aside all subsequent allocations over the disputed portion of land and ordered the defendants to pay ₦2.5 million as general damages for trespass.
In addition, the court awarded ₦5 million as costs, disbursements, and legal fees in favour of the claimants, bringing the total monetary award to ₦7.5 million
