The High Court of the Federal Capital Territory in Abuja has extended the interim order restraining the Federal Capital Territory Administration (FCTA) from trespassing on the property belonging to Prince Joseph Kpokpogri, an Abuja-based businessman.

The restraining order is pending the determination of a substantive suit.

The court also faulted and described the action of FCTA for going ahead with the demolition of the property despite a subsisting restraining order as the height of impunity and lawlessness.

At the resumed hearing of the case on Wednesday before Justice Charles Agbaza, the court granted the prayer contained in the application of Mr. Kpokpogri and extended the validity of the restraining order barring the FCTA access to the property to continue with the demolition.

The judge who was miffed at the unlawful action of the defendants for disobeying a court order said it would be out of place to allow the defendants to benefit from their unlawful conduct in carrying out the wish of the government.

Addressing journalists after the proceeding, the counsel for the plaintiff, Richard Ebie from Mike Ozekhome’s Chambers, said, “We came here today for the ruling in the interlocutory injunction. We have earlier argued that injunction.

“When it was time for the hearing of the application, they came to court to defend that injunction that the court cannot restrain a completed act. Our response is that you cannot rely on your own wrongdoing and misconduct to oppose the application.

“We brought before the court that this structure was in place before we filed the application but they went to demolish the structure completely after they were served.”

The court therefore adjourned the matter to March 26, 2024 for the hearing of the suit.

The court on July 7, 2022, restrained the then-Minister of FCT, Bello Mohammed, FCTA and the Federal Capital Development Administration from carrying out any further demolition of the structure in 2022.

The order was made following an ex parte application moved on behalf of Kpokpogri by his lawyer, Chief Mike Ozekhome (SAN).

The motion ex parte was brought pursuant to Order 43, Rule 3 of the FCT High Court (Civil Procedure) Rules 2018.

Justice Charles Agbaza made an “order of interim injunction restraining the defendants either by themselves, agents, officials, privies, all those purporting to have derived title from them or other persons howsoever called from trespassing on or further trespassing on, demolishing, or further demolishing the property known as Plots 203 and 204, 27 Road, Guzape District, Apo Estate, Abuja”.

The property is covered by letters of allocation issued by the Federal Housing Authority with Ref. No. FHA/BD/ES/APO/P.203 and Ref. No. FHA/BD/ES/APO/P.204 or from evicting the occupants of the said property or in any way interfering with the plaintiff’s exclusive right of possession of the said property pending the determination of the motion on notice.