Apo market dispute: Court warns parties against defying injunction, threatens sanctions

An FCT High Court sitting in Maitama has warned parties involved in the disputed Apo Resettlement Market project to strictly obey an existing interlocutory injunction halting all activities on the site pending the determination of the substantive suit.

Justice Yusuf Halilu issued the warning during proceedings on Thursday, cautioning that any party found violating the court order risks sanctions for contempt.

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The dispute is between Dr. Shuaibu Musari, the first defendant, Manillah Integrated Partners Ltd, the first claimant, and AMAC Investment Development Company, the second defendant.

The court had, on April 15, 2025, ordered all parties to suspend construction work on the project pending the hearing and determination of the case. The order was later enforced at the site on April 28, 2025, when court bailiffs pasted “Stop Work” notices on the premises.

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Despite the subsisting order, allegations emerged before the court that Manillah Integrated Partners Ltd and AMAC Investment Development Company continued construction activities at the site, prompting Dr. Musari to institute contempt proceedings against them.

At the resumed hearing on May 7, 2026, counsel to the first defendant, Barr. Realwan Okpanachi, raised concerns during the cross-examination of Principal Witness 2, Hassan Ahmed Omale, alleging persistent disobedience of the court’s directive.

Justice Halilu frowned at the alleged violations and directed all counsel involved in the matter to advise their clients to comply fully with the injunction pending the determination of the suit.

Counsel to the first claimant, Idris Abubakar, SAN, however accused the second defendant of resorting to self-help by allegedly posting the court order at the site, marking buildings and engaging individuals who reportedly attacked workers with machetes and other dangerous weapons.

Abubakar further argued that the second defendant should proceed with opening its defence rather than delaying the matter with what he described as unnecessary applications.

It was also gathered that although the first claimant had filed a notice of appeal against the interlocutory injunction, no further steps had been taken regarding the appeal.

Responding to submissions by counsel, Justice Halilu maintained that a court order remains binding on parties whether or not an appeal has been filed, unless it is set aside by a competent court.

The judge however urged all parties to respect the sanctity and authority of the court.

Speaking with journalists after the proceedings, counsel to the first defendant, Barr. Realwan Okpanachi, said, “Today they brought in a subpoena witness. He testified at the last adjourned date and today is for cross examination of the witness and we have cross examined him.

“The matter has been adjourned to June 1 for defence and it will start from the first defendant.

“We also brought to the attention of the court conduct of the first claimants in this matter in disobeying the order of the court which is subsistent; which is valid, hinged on the failed excuse that they are on appeal.

“The fact that a party is on appeal is not a liberty to disobey, rape and ignore order of the court, that won’t augur well for the society.

“We brought this to the attention of the court and my Lord has advised all Counsels involved to advise their clients to stay clear and obey the court order and we hope that going forward, they will hearken to the admonition of the Court obey the extant order of this Honourable Court, which is subsistent; which is valid; which has not been set aside by any court.

“We also informed the court of the fact that as at the time the Suit was filed, there was an endorsement in the writ of summons that parties must maintain status quo.

“They filed the matter not us, they refused to obey that endorsement. We went further to file an application for interlocutory order, which the court graciously granted, yet they refused to obey the order of the court.

“Yes, we may file an application on the next adjourned date to ensure that everybody connected or related in this matter, that is acting in disobedience to this court order, including investors in the project, that such a person will be arrested and tried for contempt of the court.

“We have filed an application and we will be moving that application on the next adjourned date, for the court to order police and the law enforcement agencies to ensure that everybody seen on the site in disobedience to court order, whether you are an investor, or claimant, shall be arrested and tried for contempt of court.

“Contempt of court is not a light issue. It is an issue that is taken seriously because if an order of the court can be ignored, jettisoned and breached by a party, or anybody at will, it means there is no society. We must do everything to ensure that the integrity of the Court is not taken to disrepute.”

Also reacting to the proceedings, a representative of the first defendant, Ameh Kennedy Gabriel, expressed concern over the alleged disobedience of the court order by the claimants.

“We are the defendant. They took us to court and the court gave an interlocutory order. We as law abiding citizens have respected the Court order. Unfortunately, that took us to Court Manilah, who has decided not to obey the court order. That is why we are in court to prosecute them.

“We are ever ready for defence. We have nothing to hide and that is why we are confident and we have never missed Court one day.

“I will advise generally, those that are investing in the business should be very careful as the case is still very much pending in court until the judgment is delivered.”

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