The Nigeria Army has described as an abuse of court process, a suit filed by a professor, John Ntui Ntuiabane, over a disputed property in the Apo District of the Federal Capital Territory, FCT.
In a suit marked FHC/ABJ/C’S/2635/2025, the professor is seeking an interpretation of the right of citizens to own properties in Nigeria, among other prayers.
The suit also seeks to preserve the right of a retired deceased Major who was originally allocated the disputed property in Apo, which is now occupied by a retired Naval chief.
The disputed property is where Lt. Ahmed Yerima, a young Naval officer guarding the plot, had an altercation with the minister of the Federal Capital Territory, FCT, Nysesom Wike. The minister had led a team of Federal Capital Territory Administration officials to storm the disputed plot when the highly publicised altercation occurred.
In its preliminary objection, dated March 24, 2026, filed by human rights lawyer, Victor Giwa, the Army prayed the court to dismiss the suit on the ground that the suit is incompetent.
The Army also challenged the jurisdiction if the court to hear the suit.
“The suit is grossly incompetent, having been filed via Originating Process, highly speculative and hypothetical and academic in nature,” Giwa stated in the preliminary objection.
Giwa also argued that the claimant is struggling to seek a judicial decision on an academic question, and urged the Federal High Court to strike out the suit and assign it as a classroom handbook.
Listed as defendants in the suit by the plaintiff are Minister of Defence, Minister of State for for Defence, Chief of Defence Staff and the Chief of Naval Staff.
Others are Vice Admiral Zubairu Gambo, Lt Ahmed Yerima and the Attoney-General of the Federation.
Army asks court to dismiss suit on disputed Abuja property
