Property dispute: FCT High Court strikes out joinder motion of firm affected by exparte orderĀ 

Justice Othman Musa of the Federal Capital Territory, FCT, High Court has turned down a request by a Lagos firm to be joined as a party in a property dispute lawsuit pending before the court.

The business premises of the firm, EOD Lagos PFM Limited, was locked up after the FCT High Court, presided by Justice Othman Musa, issued an exparte order sealing a property at Plot No A Block 12, Lekki Peninsula Scheme, Lagos State, where the firm is located.

EOD Lagos PFM Limited and other firms have been operating in the property for several years before it was sealed by officials of the FCT High Court.

Following the exparte order granted by court to seal up the property, the firm applied to be joined in the suit pending before the FCT High Court with suit no. FCT/HC/CV/4636/2025. The suit is between Mr. Henry Orabuchi and the Nigeria Police.

However, the court refused the firm’s bid to be joined in the suit.

After hearing the application for joinder, with motion no. M/402/2026, the court on February 19, delivered a ruling, refusing to join the firm in the suit or vary the order to exclude the area where the business is located.

In its motion, EOD PFM Ltd had prayed the court to be joined or vary the order of the court to exclude the area where its business premises in the property is located but the court dismissed the motion.

Also, the court awarded a punitive damage of N500,000.00 against the firm for bringing the motion before the court.

The firm had in its submissions maintained that it operates its business on a piece of land that is clearly distinct from the portion of the reclaimed land claimed by the plaintiff in the substantive suit, adding that it had been out of business since the Lagos property was sealed up in December 2025 in line with the exparte order of the FCT High Court.

In refusing the application, the court held that the company did not file a ā€˜statement of defence’ in the suit.

The plaintiff, Mr. Henry Orabuchi, had dragged the Nigeria Police before the court, claiming that his fundamental rights as guaranteed under sections 34, 35, 36, 37, 41 and 44 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Articles 9 and 14 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, have been breached following a dispute regarding the Lekki property.

Orabuchi claimed that he purchased 3,000 square meters of reclaimed land situated at the back of Plot No A Block 12, Lekki Peninsula Scheme, Lagos State, from the landlord, Mr. Emecheta Elvis Eze.

Orabuchi had filed the suit to shield himself from honouring invitation issued by the Nigeria Police Force, following a petition against him by Prof. Mike Ozekhome, SAN, (lawyer to Emecheta) over alleged criminal trespass, damage to property and threat to life, concerning the disputed property.

In the fundamental rights suit filed by his counsel, the law firm of Chikaosolu Ojukwu, SAN, the plaintiff argued that the police invitation infringes on his fundamental rights and is aimed at compelling him into relinquishing his lawful property and contractual rights over the 3,000 square meters of reclaimed land behind the sealed property.

Orabuchi, through his counsel, Ojukwu, filed an exparte motion asking the court to seal up the Lagos property.

The court presided over by Justice Musa granted the exparte order on November 24, 2025, sealing the entire property, including the reclaimed land at the back of the property measuring 3,000 square meters

The court also ordered the immediate stoppage of all construction works, activities, actions, or steps on the said property, pending the hearing and determination of the substantive suit pending before the court.

Property dispute: FCT High Court strikes out joinder motion of firm affected by exparte order

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