They added that the said property was later sold to a man, Chigozie Henry Aguguo, who was alleged to be a close ally of the AMCON leaders.
Four Lagos State residents have accused the management of Asset Management Corporation of Nigeria (AMCON) of fraudulently selling a multi-millionaire-naira property to an alleged crony.
The residents, Mr Abubakar Hammed Zephaneal, Mr Chukwuma Christian, Mr Uche Uwaezuoke and Mr Jacob Okon, who made the allegation in a court filing by their lawyer, DodoTafari Legal Practitioners, narrated how AMCON had plotted to evict them out of the premises at NO. 7 Yusuf Oloriode Street, Olodi - Apapa, Lagos to give way for the fraud.
They added that the said property was later sold to a man, Chigozie Henry Aguguo, who was alleged to be a close ally of the AMCON leaders.
The statement reads: “Our clients are tenants and residents of the premises at NO. 7 Yusuf Oloriode Street, Olodi - Apapa, Lagos [hereinafter referred to as the “premises” or the “property”], which is a mixed use residential and warehouse complex consisting of 4 blocks of residential flats which includes thirteen [13] units of three [3] bedrooms flats, four [4] units of two [2] bedrooms flats and two [2] warehouses.
"In November 2015 Assets Management Corporation of Nigeria [AMCON] listed the property for sale. Our Clients submitted a bid to AMCON but did not get any response. Thereafter, they appointed the Secretary General of the Centre of the Defence of Human Rights & Democracy in Africa – C.D.H.R.D.A. [the centre] to also intervene and negotiate on their behalf with respect to purchase of the property.
“The centre wrote a letter dated 15th October 2018 to the defendant appealing to AMCON to consider the sitting tenants while exercising the right of sale prior to offering the property to others.
“AMCON replied vide a letter dated the 31st January 2019 and requested for our client’s offer/bid in respect of the property.
“The letter dated the 31st January 2019 was received by one Chief Chimma Owuogba who refused to disclose the content to the other residents but secretly went ahead to write an offer letter dated 7th February 2019 on behalf of the residents, and offered the sum of N64,000,000.00 [sixty four million naira] for the subject matter property.
“The letter dated 7th February 2019, written by Chief Chimma Owuogba on behalf of the residents was replied by AMCON via a letter dated 14th February 2021, asking the residents to improve on their offer and the centre was copied.
“By a letter dated 20th March 2019 written by the Secretary General of the Centre on behalf of the tenants, they made a 2nd offer of N100,000,000 [one hundred million naira] to AMCON. The letter was received and acknowledged by AMCON on the 22nd March 2019.
“Despite receiving the second offer letter for N100,000,000 [one hundred million naira] since March 2019, AMCON did not deem it fit to respond to the offer letter up to date but to cover up their fraudulent tracks, the officers of AMCON went ahead to arrange a fraudulent auction designed to bypass our offer of N100,000,000 [one hundred million naira] and sell the property to their reserved buyer, friend and crony.
“Our clients were however surprised when it later came to their knowledge that the property was sold to one Chigozie Henry Aguguo, who was not part of the top bidders at the albeit fictitious and fraudulent auction for the sum of ₦80,100,000 [eighty million one hundred thousand naira] which is far lower and contrary to our clients’ offer of N100,000,000 [one hundred million naira] which did not get any response from AMCON up till date.
“After the fraudulent sale, rather than follow the due process of the Law to recover the premises, Mr. Chigozie Henry Aguguo in connivance with AMCON went to book Police and Military Officers who started coming into the premises to issue treats of eviction to the residents. Since then, AMCON and the said Mr. Chigozie.”
The statement continued: “This prompted us to file an Originating Application at the Magistrates Court marked MISC/MCA/289/2021 along with a motion Ex- Parte for interim injunction dated the 21st day of September 2021, challenging AMCON and the said Mr. Chigozie Henry Aguguo plans to forcefully evict our clients from the property without any valid notice to quit or court order.
“We also filed a writ of summons at the Federal High Court with suit No. FHC/L/CS/1724/21, between ABUBAKAR HAMMED & 4 ORS V AMCON, & ORS. Pending before the Federal High Court Lagos, presided over by Hon. Justice ALLAGOA, wherein WE are challenging the purported auction carried out by AMCON and the sale of the property to the claimant.
“CHIGOZIE HENRY AGUGUO the purported buyer was made a party to the two suits mentioned above: suits No. MISC/MCA/289/2021 & No. FHC/L/CS/1724/21.
“The Court in suit No. MISC/MCA/289/2021 made an order of interim injunction on the 18th day of October, 2021 restraining AMCON including the claimant herein, from forcefully and illegally evicting our clients from the premises, but later struck out the matter on the 2nd day of March, 2022, upon a Preliminary Objection Brought by AMCON on the ground of failure to serve a Pre – Action Notice on AMCON.
“On the same 2nd day of March, 2022, AMCON officers stormed the subject – matter premises with a team of armed Police officers in a bid to serve the 7 days notice on the claimants by pasting on the premises. Before the expiration of the 7 days notice, our clients started receiving strange calls from agents of AMCON namely Mr. Chimma Owuogba, Mr. Chidi Mbakwe and others unknown callers threatening that the police is coming to evict our cients upon the expiration of the 7 days notice of owners intention to apply to recover possession dated the 2nd day of March, 2022 and out of fear and intimidation 3 out of the 16 remaining residents vacated their flats and ran away for the safety of their dear lives.
“To avert a possible forceful eviction of our clients, we filed suit No. MISC/MCA/091/2022, between RUFUS NWANOCHIE & 8 ORS. V. ASSET MANAGEMENT CORPORATION OF NIGERIA pending before the Lagos Magistrates Court 2, Ajegunle, challenging the 7 days Notices to Quit served on the Applicants by ASSET MANAGEMENT CORPORATION OF NIGERIA [AMCON] ABUBAKAR HAMMED & 4 ORS V AMCON & 6 ORS.
“Rather than defend the above suit No. MISC/MCA/091/2022 challenging amongst others, the validity of the seven [7] days notices dated the 2nd day of March, 2022, served on the Applicants, AMCON proceeded to file several suits against the Applicants in suits Nos. MCA/733/2022, MCA/734/2022, MCA/735/2022, MCA/736/2022, and suits Nos. MCA/737/2022, MCA/738/2022, MCA/739/2022 before the Apapa Magistrates Courts.
“While all these matters were pending, the purported buyer of the property, Mr. Chigozie Henry Aguguo proceeded to SECRETLY file another case in SUIT NO. MCA/2439/2022 at Apapa Magistrates Court 5 presided over by Magistrate N. A. LAYENI to recover the same premises wherein he described our clients as “UNKNOWN OCCUPIERS” and connived with Sherriff JINADU MOHAMED, who FRAUDULENTLY deposed to an affidavit of service without actually pasting the originating processes on the premises in order to spring up a surprise of execution of Judgment on our clients.
“After the Judgment was delivered by Apapa Magistrates Court 5 presided over by Magistrate N. A. LAYENI on the 24th November, 2022, Mr. Chigozie Henry Aguguo filed a motion to force open the premises and the Deputy Sherriff Samuel Oniagba deposed to a affidavit stating that our clients have locked the doors to the premises despite the fact that our clients were living in the premises until the day the same Deputy Sherriff Samuel Oniagba came to execute the judgment against our clients.
“19. On the 4th April, 2023, our clients were surprised to see one Deputy Sherriff who introduced himself as Samuel Oniagba, armed with police officers and thugs in the subject – matter premises to evict our clients from their flats. In the process of execution of the judgment of this Honourable Court, the police officers and the thugs attached to the Deputy Sherriff Samuel Oniagba, damaged our clients’ properties by throwing their properties and electronics from the windows of the storey building, stole their belongings and brutalized our clients, their wives, children and relations they met in the premises.”
“The lawyer added that one of the residents, Mr Hammed was severely beaten and pushed down the stairs by the entourage of Deputy Sherriff Samuel Oniagba. His phone and gold jewellery were stolen by thugs who came with Deputy Sherriff to execute the fraudulently obtained Judgment.
“The institution of the suit against parties designated as “UNKNOWN OCCUPIERS” was solely for fraudulent purposes in order to enable the Claimant serve the Applicants by substituted means rather than personal service.
“Our clients were never served with any notice to quit or any 7 days notice of owners intention to apply to recover possession at any point in time the notices exhibited by the claimant during trial were fabricated by the claimant counsel to perpetrate their fraud and was never served on our clients at any point in time.”