A human rights activist, Barrister Victor Giwa, has accused operatives of the Department of State Services, DSS, of invading a property in Maitama, Abuja, to enforce a court judgment despite a pending stay of execution application.
Two flats on the property – 3B and 3C – located at 1, Mekong Close, Maitama, are subject of litigation between a staff of the Nigerian National Petroleum Company Limited, NNPCL, Ms Asabe Waziri, and Abeh Signature Limited.
According to Giwa, a stay of execution of the judgment of the Court of Appeal, Abuja, delivered in the matter about two weeks ago, had already been filed when the DSS operatives invaded the property to enforce the said judgment.
He alleged that on Friday night, heavily armed operatives of the DSS aided Waziri to gain access into the property to enforce the Appeal Court judgment.
“The operations of the men of the DSS in the property is illegal, no where in law is DSS allowed to enforce court order in civil dispute,” Giwa, counsel to Abeh Signature Limited, said, adding that the Police was not aware of the moves to enforce the Appeal Court judgment.
Justice Musa had, on Feb. 17, 2022, ordered Abeh Signature Ltd to refund N150 million to Waziri, being the amount paid for the two bedroom units of flat.
The judge equally ordered Waziri to vacate the apartments and her money refunded to her.
Dissatisfied with the judgment, Waziri, represented by her lawyer, Henry Eni-Otu, appealed the decision.
In the appeal numbered CA/ABJ/CV/246/2022, the appellant, Waziri, sued Abeh Signature Limited as sole respondent.
The Appeal Court in Abuja , in a unanimous judgment on May 21, overturned the decision of the lower court.
But Abeh Signature Limited, through its lawyer, Victor Giwa, in an application dated May 22, prayed the court to stay the execution of the judgement pending an appeal to the Supreme Court.
Abeh Signature Limited, in the motion, prayed the court for the following orders: “An order for stay of the execution of the judgment delivered by this honourable court on the 21st day of May, 2024 in Appeal No: CA/ABJ/CV/246:2022 between Asabe Waziri v. Abeh Signature Limited, pending the final determination of the substantive Appeal.
“An order of injunction restraining the appellant/respondent whether by herself or her privies, assigns, agents, personal representatives, successors-in-title from acting in any manner to give effect to the judgment of this court delivered on the 21″ day of May, 2024 pending the determination of the appeal.”
Some of the grounds of the application include: “The appeal in this case has been entered with the records of appeal already copied and transmitted to the registry of this honourable court.
“The respondent/applicant is highly desirous of prosecuting this appeal ard unless this application is granted, the respondent will give effect to the judgment of the lower court.
“The respondent/applicant has good and substantial grounds of appeal as well as triable issues, with a reasonable chance of success upon being heard and determined on its merit.
“It is in the interest of justice to maintain the status quo pending the determination of the substantive appeal.”
Lawyer accuses DSS of invading property despite pending stay of execution application