A High Court sitting in Jabi, Abuja, has fixed September 1, 2023, to hear a suit that was brought before it by four children of a former military governor of Akwa-Ibom State, Idongesit Nkanga, who alleged that they were forcefully evicted from their father’s house by their stepmother, Mosun Nkanga.
The plaintiffs, Utibeabasi, Etietop, Lance, and Ini-Idara are praying the court to invalidate the warrant of possession of premises issued in favour of their stepmother.
Nkanga, a retired air commodore, died in December 2020 over COVID-19 complications.
His children were subsequently evicted from the family house in the Asokoro area of Abuja on June 6, 2023, following a court order that was obtained by their stepmother.
Mosun had alleged that she was refused access to her late husband’s property at No. 3A and B Mary Slessor Close, off Udo Udoma, off Yakubu Gowon Road, in Asokoro, an action the court held was in violation of her rights.
The court later barred the plaintiffs from further restraining or interfering with her right to live in or enjoy her matrimonial home, pending the issuance of a letter of administration or grant of probate over the estate.
However, the plaintiffs refuted the claim that they denied their stepmother access to their late father’s property.
They disclosed that their father had, in his will, handed one wing of the building marked 3A to their stepmother.
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They said their father gave the second wing, 3B, where he lived before his demise, to them to live as a family house on the condition that it should be reverted to their stepmother when his last son, Ini-Idara, turned 30 years.
The plaintiffs, through their lawyer, Inibehe Effiong, said Nkanga’s last son, Ini-idara, is currently 25 years.
They argued that their stepmother should not have taken possession of the building until Ini-Idara is 30, as stated in the will.
The counsel for the plaintiffs argued that Mosun had not gotten the letter of administration or grant of probate over the estate as directed by the court before taking possession of the premises.
At the resumed proceedings in the matter, Effiong told the court that the plaintiffs are currently homeless, adding that the children had lived in the property before Mosun was married by their late father in 2007.
The lawyer prayed the court to hear and determine the plaintiffs’ application before the looming annual judges’ vacation.
On his part, Mosun’s lawyer, Marvin Omorogbe, told the court that there was no urgency in entertaining the children’s request to nullify the eviction order it earlier made.
Contrary to Effiong’s claim that his clients were homeless, Omorogbe told the court that “at the time of the eviction, the children, were holidaying in France.”
The lawyer added there was no basis to transfer the suit to a vacation judge as requested by Effiong.
Omorogbe further prayed the court to restrain the plaintiffs’ lawyer “from making comments that will prejudice the issues before the court”.
After listening to both parties, the presiding judge, Justice O. A. Musa, said the court was empowered to “revisit whatever it did”.
Justice Musa said the court’s docket was congested, urging the plaintiffs to find a place to stay, pending when he returns from the annual vacation.
The judge, therefore, adjourned the matter to September 1, 2023, for hearing.
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