Claims, counterclaims in Asabe Waziri’s purchase of property from Abeh Signature Ltd

Thu, Apr 27, 2023
By editor
16 MIN READ

Politics

By Anthony Isibor

ASABE Waziri, a public servant with one of the federal government parastatals in the oil and gas sector, has narrated her ugly experience as a victim of an organized crime syndicate dealing in real estate in Abuja.

According to Waziri who had her first degree in 1994, she has worked hard internationally and in Nigeria, and saved for about 30 years to purchase a property from Abeh Apartments, owned by Cecil Osakwe and his associates in February 2021 for an agreed price of N130 million. She had hardly settled into her newly acquired home when her troubles began. 

According to some court documents presented to Realnews on the matter, in February 2021, Waziri entered and concluded a contract to purchase a two-bedroom apartment at Maitama, and after full payment, Osakwe refused to issue her a receipt and sign the deed of assignment but rather started threatening her and making life miserable and unbearable for her. 

Osakwe and his cronies and with the help of his lawyer, Victor Giwa, requested Waziri to pay extra N30 million or move out of the property for someone, who was ready to pay more.

But when Waziri, who was sure of her rights and believed that she had fulfilled all the requirements needed to own the said property refused, Osakwe and his lawyer, Giwa dragged her before the Economic and Financial Crimes Commission, EFCC, for money laundering charges.

“He took me to the EFCC for money laundering, he went to the police, he went to court to ask them to compel me to move out,” Waziri told Realnews in an emotion-laden voice in March.

However, in a motion on notice filed at the Appeal Court on March 14. Case No. CA/ABJ/CV/246/2022, and Suit NO: FCT/HC/CV/2435/2021, Waziri sought an order from the court to stay the execution of the judgment of an FCT High Court, delivered by Justice O.A. Musa on the 17th February 2022, in Suit NO. FCT/HC/2435/2021.

The Appeal Court after hearing the matter, ordered that Status quo ante belum be maintained until the hearing of the motion of stay of execution was determined, and subsequently, the court also adjourned the determination of the Motion of Stay of Execution to June 29, 2022.

Waziri recalled that although the case was still at the Appeal Court and had been adjourned to June, Osakwe and Abe Apartments with the help of Giwa, their lawyer, wrote to the police to assist them in compelling her to vacate the apartment. The police, according to her, told them that the case was at the appellate court, which will not allow them to eject her, but they remained adamant and went ahead to hire thugs along with some policemen, who broke the door of her apartment and carted all her belongings to an undisclosed location.

“He hired the police and they broke into my house on March 18, whilst I was at work and made away with all my property, including my clothes to an unknown destination. He has my money, my flat and all my properties. Till today, all my belongings are still in their custody. After Victor Giwa broke into my house, he was then compensated as director of the firm to manage the property,” she said. Apart from Giwa who was appointed on March 28, 2022, other directors of the company are Osakwe Cecil E and Olawale Musliudeen,   Dahiru Abdullahi, all appointed on October 26, 2021. Also, the shareholders of the company include Osakwe Cecil with 550000 ordinary shares, Olawale Musliudeen with 400000, and Dahiru Abdullahi with 50000 ordinary shares.

According to Waziri, “At some point when I reported him to the police, Osakwe filed a suit at the FCT asking the court to shield him from an investigation by the police. After five months in court, the case was struck out. “The police continued with investigations and transferred the case file to the Ministry of Justice for advice and prosecution,” she said, adding that “They have been employing all manner of evil tactics. They went and procured a fake judgment and blackmailed me hoping I would run”. Waziri said that she was not the company’s  first victim as there were other clients, who were their victims whom they believe cannot afford to own the type of property that they offer, and after purchase, they would intimidate and blackmail them to take back the properties that they had paid for.

“They have been doing this before and no one has been able to push back. They run a cartel and have been making money from intimidating clients,” Waziri said, alleging that Giwa has been recorded by a client he was trying to dupe as reported in an exclusive audio published by The Nigerian Lawyer entitled: “(Exclusive Audio) Victor Giw, Esq. Allegedly Caught on Tape to Facilitate N75m Bribe for “Magu Boys”

Waziri alleged that the lawyer also collected N75 million from another buyer, the Tajudeen family and subsequently packed their things out. “The man also does not have his house or money. He duped them before me,” she said.

According to her, Osakwe had been charged to court for electricity theft and that “he was also caught by AEDC stealing electricity,” which was reported in Realnews (https://realnewsmagazine.net/abuja-property-developer-docked-for-alleged-electricity-theft/). There are other negative publications against Abe Signature as examplified in headlines of such stories entitled: “Alleged N130 fraud: FG files criminal charge against property developer” in Blueprint; “Alleged N130m Fraud: FG Files Criminal Charge Against Property Developer” in Independent and Radio Nigeria with the headline: “FG files criminal charge against property developer”.

Realnews was told that Osakwe and his team sponsored negative media reports to intimidate and blackmail civil servants with the hope that they would run away and not pursue their case. For instance, Waziri alleged that Osakwe through his lawyer has publicised her case in several media houses. Some of the negative stories against her were entitled: “Documents Reveal Nigerian Petroleum Company, NNPC Worker, Waziri, Made False Claims Against Developer Over Purchase Of N130million Property” by Sahara Reporters; “Court orders firm to take over N130m Abuja property” by TheSun; “How NNPC Staff Bought Two Flats For N260 Million, Paid N140 Cash, Transfers, Firm Alleges” by Legit; “Documents Reveal False Claim By Asabe Waziri, NNPC Staff Against Property Developer, Cecil Osakwe Over Purchase Of N130m Property” by Newsdirect among others.

Despite this, Waziri has vowed to recover the property and has dragged Osakwe and his company to court since March 2022, but he has failed to show up three times. In the court case at the Appeal Court, the Federal Republic of Nigeria as the complainant slammed Cecil Osakwe, Victor Giwa and Edith Erhunmwuuse listed as defendants with a nine-count charge. The case currently at the Abuja Federal High Court with Charge No: R/222/2023, listed charges against Giwa and other defendants as follows:

“Count one: That you Cecil Osakwe of 1473, Inner Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult and Ms Edith Erhunmwuuse, female, adult of Garki Police Barracks, Abuja, sometimes in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court did conspire and broke into the house of one Ms Asabe Waziri located at Mekong Street, Maitama, Abuja with the assistance of some police officers now at large without her knowledge or consent and you carted away her entire properties worth N300,000,000.00 (Three Hundred million Naira) only, including her international passport and cash. You thereby committed an offence contrary to 96 of the Penal Code Law and punishable under section of 97 of the same Law.

“Count two: That you Cecil Osakwe of 1473, Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult, sometime(s) in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court did conspire and agreed to take the law into your hands by unlawfully breaking into the house of one Ms Asabe Waziri with the assistance of some police officers now at large without an enforcement order of the relevant court and you destroyed her door and other properties worth N300,000,000.00 (Three Hundred million Naira) only. You thereby committed an offence contrary to 326 of the Penal Code Law and punishable under 327 of the same law.

“Count three: That you Cecil Osakwe of 1473, Inner Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult, sometime(s) in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court did conspire and agreed to take laws into your hand and causing mischief against Ms Asabe Waziri by breaking into her house of with the assistance of some police officers now at large when you destroyed her door, entered into her house and destroyed and carted away her entire belongings worth N300,000,000.00 (Three Hundred million Naira) only. You thereby committed an offence contrary to 326 of the Penal Code Law and punishable under 327 of the same law.

“Count four: That you Ms Edith Erhunmwuuse female, Adult of Garki Police Station, Abuja, sometime(s) in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court without lawful orders did conspire and assisted one Mr Cecil Osakwe of 1473, Inner Blocks Street, Abuja and Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult in breaking into the house of one Ms Asabe Waziri with the assistance of some other police officers now at large when you provided the container used to convey Ms Asabe Waziri’s entire properties worth N300,000,000.00 (Three hundred million Naira) only, including her international passport and cash to an unknown location. You thereby committed an offence contrary to Section 326 of the Penal Code law and punishable under Section 327 of the same law.

“Count five: That you Cecil Osakwe of 1473, Inner Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult and Ms Edith Erhunmwuuse, female, adult of Garki Police Barracks, Garki Abuja, sometimes in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court did trespass into the house of Ms Asabe Waziri with officers now at large and damaged her properties in the cause of your trespass. You thereby committed an offence contrary to 342 of the Criminal Code Law and punishable under section 348 of the same law.

“Count six: That you Cecil Osakwe of 1473, Inner Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult sometime(s) in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court did threaten the life of one Ms Asabe Waziri when you sent her messages on her phone threatening to deal with her thereby causing her fear and intimidation. You thereby committed an offence contrary to section 396 of the Penal Code and punishable under section 397 of the same law.

“Count seven: That you Cecil Osakwe of 1473, Inner Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult sometime(s) in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court did maliciously damage the properties of one Ms Asabe Waziri with the assistance of some other police officers now at large when you broke into her house and carted away her entire property N300,000,000.00 (Three Hundred Million Naira) only, locked them up in a container causing damage. You thereby committed an offence contrary to 326 of the Penal Code Law and punishable under section 327 of the same law.

“Count eight: That you Cecil Osakwe of 1473, Inner Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult sometime(s) in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court conspired with others and did knowingly mischievously caught off the flow of water to an apartment of one Ms Asabe Waziri, You thereby committed an offence contrary to 331 of the Penal Code Law and punishable under the same section.

“Count nine: That you Cecil Osakwe of 1473, Inner Blocks Street, Abuja, Victor Giwa, of Sanja Plaza, Zone 5, Abuja all male, adult sometime(s) in 2022 in Abuja, Nigeria within the Jurisdiction of this Honourable Court conspired with others and when you knowingly and mischievously tempered with the electricity installation in the apartment of one Ms Asabe Waziri thereby causing her damage and hardship.” The hearing of the case is on May 3, 2023.

Earlier, in June 2022, Osakwe was also charged in the FCT High Court, for fraud and criminal intimidation of Waziri for obtaining by force pretence and with intent to defraud the sum of N130 million. Court document sighted by Realnews listed one of the two count charges thus: “That you Cecil Osakwe, Male, Adult of Abeh Signature Limited, sometimes in 2021 in Abuja, Nigeria within the Jurisdiction of the Court threatened Ms. Asabe Waziri with injury to her person and reputation with intent to cause alarm and even death in order to cause her to stop requesting legitimately from you her receipt for payment for the purchase of a unit of two bedroom flat with a maids quarters at Abeh Signature Apartment, 1, Mekong Close, Maitama Abuja from you and deed of.”

Although the prosecutor, Una Matthew, during the proceedings had told the court that Osakwe’s counsel undertook to serve the charge on his client, his lawyer argued that he was not in court because the police failed to serve the charge sheet on him personally, but assured the court that he would produce him on the next adjourned date. For this reason, the judge returned the case to the CJ and reassigned it to Justice Madugu of the FCT High Court.

Attempts by Realnews to reach Abeh Signature Limited failed as calls and text messages sent through three different phone numbers belonging to Cecil Osakwe and Abe Signature Apartments did not go through. 

However, Realnews found that a High Court sitting in the Apo area of the Federal Capital Territory had ordered Abeh Signature Limited to take possession of its property located in Maitama, following its suit against Asabe Waziri, over an alleged breach of contract in the sales agreement.

In a suit marked, FCT/HC/CV/2435/2021, the court, contrary to the allegation by Waziri that Osakwe, managing director, Abeh Signature Limited, was holding unto her money, ruled that having regard to Sections 1, 14 and 15 of the Money Laundering, Prohibition Act and other relevant laws, the various payments made in cash and sundry bank transfers by the defendant in favour of the claimant in respect of the contract for the purchase of two flats at Abeh Court was illegal and contrary to the aforementioned provisions of the money laundering laws.

The court further held that “in view of the way and manner or modes of payments employed by the defendant for the purchase of the two flats at Abeh Court belonging to the claimant, same has rendered the contract for the purchase of the properties void for violating money laundering laws.

Justice Othman Musa, in his judgment, added that the claimant was right in terminating the contract it had with the defendant and offering a refund of the money paid so far for being void due to the contravention of the Money Laundering Prohibition Act, and ordered the defendant to immediately hand over possession of the two flats – flats 3C and 38 of Abeh Court to the claimant.

Realnews also reports that Abeh Signature Ltd had earlier denied all allegations of fraud by Waziri through Victor Giwa, its lawyer. 

Contrary to Waziri’s claim that the managing director of Abeh Signature Limited was still holding onto her money following a High Court order on February 17, 2022, Giwa said that the firm had sent out a check for N150 million to her, which includes the legal and agency fee as ordered by the court, but she allegedly rejected it through her lawyer.

According to  January 18, 2023, news story by PeoplesGazette, the firm had tendered legal documents to prove its case and counter the 2022 fraud allegations against it, adding that Osakwe said he did not owe Waziri as he had carried out all court orders regarding the case. 

 Also, Eagle Online on March 7, 2022, and updated on March 9, 2023, reported that Abbey Signature Limited, had also written a letter to the Group Managing Director of the Nigerian National Petroleum Corporation Limited, Mele Kyari, following the alleged misconduct of Waziri, one of its officials.

The allegation was contained in a letter dated March 4, 2022, and addressed to Kyari and CEO of NNPC Limited. In the letter written by Giwa, Abbey Signature alleged that Waziri had breached all the agreements on two units of N260 million choice properties in Abuja, and had resorted to assault, criminal intimidation, and become a public nuisance. 

The firm also alleged that in view of the misconduct, it approached a competent court and secured an order asking her to vacate the property. Justice Othman Musa of Court 7, FCT High Court, Apo, Abuja heard the case. 

However, Abeh Signature added that Waziri has refused to vacate the premises and resorted to infamous action on the property. The firm urged Kyari to prevail on Waziri to vacate the property. 

Reacting to the allegations by Abeh Signature Ltd, Waziri said that both the letter to the NNPC managing director and all the various reports were all targeted at destroying her personal character and blackmail her to give up her apartment. 

Regarding claims made by Abeh Signature Ltd that a court ordered Waziri to vacate, Realnews is in possession of another court document from the Appeal Court which ordered that status quo ante bellum should remain. With order of the Appellate Court on April 4, 2022, the lawyer to Waziri went back to the FCT High Court with the letter from the Office of the chief registrar stating that the High Court of Abuja did not authorise the levying of any execution in respect of the Asabe Waziri Vs Abeh Signature Ltd with case No: PA/ABJ/CB/2022). Armed with this letter and the Court of Appeal order, Justice Othman Musa on the May 15, 2022, ruled that the order of the Court of Appeal should be maintained and the earlier writ of possession issued to Abeh Signatures seizes to have effect. Justice Musa also ordered “The Director of Enforcement of the High Court of the Federal Capital Territory to give effect to the Order of the Court of Appeal dated the 4th day of April 2022, which ordered parties to maintain status que-ante bellum in appeal number CA/ABJ/CV/246/2022”.

“It was a malicious attempt to blackmail me by writing to my organization on a personal transaction. I do not think my organization responds to personal blackmail. The developer is not the police,” Asabe said.

A.

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