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Niger government vs Yanga Buba: Court strikes out case for lack of jurisdiction

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The Niger State Government, has began the process of retrieving all lands illegally aquired by individual in the state.

This follows a High court judgement obtained against an acclaimed traditional title holder in old Shango, Yanga Buba who had claimed ownership of a piece of land located at old Shango known as Brighter area in Minna.

Yanga Buba had earlier dragged the Niger State Ministry of Lands and Housing before a Minna High court on suit number NSHC/ MN/ 251/ 2019 claiming ownership of the said land.

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Justice Abdullahi Mikailu had declared that “having regards to the claims, issues and the earlier judgement of Justice Fati Lami Abubakar in a suit No. NSHC/MN/02/2009, and the pending appeal therefrom, the 1st and the 2nd defendants cannot receive process and approve the 3rd defendants application for layout in respect of the land subject matter of the case and the pending appeal.

The court further declared that having regards to the decision in suit No. NSHC/MN/02/2009 and the appeal there, from pending before the court of Appeal in Abuja, the 6th defendant cannot receive criminal complaint from the 3rd,4th and 5th defendants and their privies-in-title on claims touching on the land subject of suit NSHC/MN/02/2009 pending appeal there.

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The court also gave order of injunction restraining the 1st and the 2nd defendants from receiving processing and approving the 3rd defendants application for layout in respect of the subject matter of the then judgement of Justice Fati Lami Abubakar in suit No. NSHC/MN/02/2009.

“Because the court shall be without jurisdiction and cannot be competent to proceed further to consider the merit or otherwise of the case.

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Court held that the plaintiff lacks the requisite capacity or locus standi to institute or commence the present action, the only fitting order is to draw the curtain and strike out same.

“The suit NSHC/MN/ 251/2019 is hereby struck for want of jurisdiction.”

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