The Nigerian Army has asked the Federal High Court in Abuja to dismiss a suit filed by Professor John Ntui Ntuiabane over a disputed property located in Apo District, describing the action as an abuse of court process and lacking legal merit.
The suit, marked FHC/ABJ/C’S/2635/2025, seeks the court’s interpretation of the constitutional right of citizens to own property in Nigeria, as well as a declaration to preserve the ownership rights of a deceased retired Major who was reportedly allocated the property, which is currently occupied by a retired Naval chief.
The property dispute has attracted public attention following a recent controversy involving a young Naval officer, Lt. Ahmed Yerima, and the Minister of the Federal Capital Territory, Nyesom Wike, over the ownership of the Apo residence.
In a preliminary objection dated March 24, 2026, the Nigerian Army, through human rights lawyer, Victor Giwa, urged the court to strike out the suit, arguing that it was incompetent and improperly filed.
According to the objection, “the suit is grossly incompetent, having been filed via originating process, highly speculative and hypothetical and academic in nature.”
Giwa further contended that the claimant was attempting to obtain a judicial pronouncement on what he described as an academic question, urging the court to dismiss the case and treat it as a matter suitable for academic discussion rather than judicial determination.
He also challenged the jurisdiction of the court to entertain the matter, insisting that the action does not disclose any real dispute that requires judicial intervention.
