The daughter of late Hon. Justice Moses Bello, former President of the Customary Court of Appeal, Abuja, Ann Eniyamire, has asked a High Court of the Federal Capital Territory, FCT to imprison her father’s will executor, Rev. Father Ezekiel John Awolumate and the Executive Director of Asset Management at NELMCO, Joseph Asuku Bello, for allegedly disobeying a court order.
Hon. Justice Mohammed Madugu of the FCT High Court Bwari Division, Abuja, issued an interim injunction on October 14, restraining Awolumate and others from selling or leasing any of the properties in dispute.
The court also ordered security agencies to arrest any violators of the order.
The judge further directed that the disputed properties be marked with red paint and display a sign reading “NOT FOR SALE / Lis Pendens” until the case’s resolution.
In the committal to prison process filed on October 25, 2024, by the claimant’s lawyer, Yahuza Maharaz, Eniyamire requested that Awolumate and the Executive Director of Asset Management at NELMCO explain to the court why they should not be jailed for disobedience to an order of the court.
It read, “Take notice that this Honourable Court shall be moved on the..day of 2024 at the hour of 9 O’clock in the forenoon, or so soon thereafter, as counsel may be heard on behalf of the Claimant, applying to this Honourable court for an order of Committal of: Rev. Father Ezekiel John Awolumate, Mr Joseph Asuku Bello (Executive Director, Asset Management, NELMCO) to prison for having disobeyed the Orders of honourable justice M.A Madugu of the High Court of the Federal Capital Territory, Abuja, Bwari, dated October, 14 2024”.
In an affidavit deposed to by the claimant, she accused the defendants in the matter of trying to sell off some properties including the one in serious dispute at NO.41 Panama Street, Maitama, Abuja, adding that she sought for the injunction to prevent such moves.
She said, “That while this suit is pending before this Hon. Court, the defendants seized the opportunity of this Hon. Court’s annual vacation and are willing to destroy the Suit by selling out properties which are subject of serious dispute including A DEVELOPED PROPERTY, PLOT NO 763 CADASTRAL ZONE A6 (NO.41 PANAMA STREET) MAITAMA, ABUJA, C-OF-O NO: 164 EW-FE 243-59 DDR 6018U-10 OF FILE NO: KG 10050) and thereby leaving nothing behind for the court to adjudicate upon determination of the substantive suit hence my Application for interim Orders which was graciously and judiciously granted on the 14 October 2024 for the best interest of justice and sanctity of this court. “
The claimant alleged that Awolumate and Bello continuously disobeyed the orders given by the court particularly by cleaning up the not-for-sale inscription on the house.
She said, “That since the Orders were Granted, The Ist Defendant/ Rev. Father Ezekiel John Awolumate together with one Mr. Joseph Asuku Bello who is a Squatter in the said DEVELOPED PROPERTY, PLOT NO 763 CADASTRAL ZONE A6 (NO.41 PANAMA STREET) MAITAMA, ABUJA, have continuously disobeyed the said order, by Tampering with the said Order by Deleting the Inscription NOT FOR SALE/LIS PENDENS And Removing the Copies of the Orders of this Hon. Court already Affix by the Officers of this Hon. court on the Walls and Main Entrance Gate of A DEVELOPED PROPERTY, PLOT NO 763 CADASTRAL ZONE A6 (NO.41 PANAMA STREET) MAITAMA, ABUJA, C-OF-O NO: 164 EW-FE 243-59 DDR 6018U-10 OF FILE NO: KG 10050.”
The claimant argued that to prevent further disobedience, the cleric and Bello should be sent to prison.
She said, “That to preserve the dignity of this Honourable court and to prevent further disobedience to the Order of this Court, the 1st Defendant/Rev. Father Ezekiel John Awolumate AND Mr. Joseph Asuku Bello, ought to be committed to Prison and restrained.”
It will be recalled that the daughter of the late judge instituted a case against the church and the priest alleging that she was shortchanged in the execution of her father’s will, which specified that his assets be divided among his wife and eight children using an 11.11 percent sharing formula.
However, Eniyamire claimed that Awolumate, the first defendant, altered the formula to 4.16 percent, contrary to her father’s instructions.
Eniyamire has asked the court to annul the defendants’ decision and to relieve them of their duties as executors of her father’s will.
Additionally, she is seeking a court declaration that she is entitled to 11.11 percent of all her father’s assets, including shares and stocks.
