AN estate surveyor, James Olobo, has dragged a serving judge of the National Industrial Court, Justice Jeremiah Essien, before the High Court of the Federal Capital Territory, Maitama, over a N25 million property.

In the suit marked CV/950/2021, Olobo accused Justice Essien of allegedly and forcefully taking over his property at Primasset Estate, Lugbe, Abuja.

He alleged that a written sale contract was executed on May 4, 2020, wherein the judge had agreed to buy the said property, which consists of 450 square meter land and a 4-bedroom fully detached duplex carcass, all for the sum of N25m.

He said, “That on May 4, 2020, in pursuance of the agreement, the defendant paid a deposit of N20m out of the said purchase price to the claimant’s solicitor’s account as agent and not a stakeholder.

“It was an express term of the agreement that the balance of the purchase price of N5m was to be paid in four installments to the claimant.”

Olobo also said that it was stated in the agreement that the defendant must complete the payment on or before November 2020.

However, he alleged that the judge only paid N500,000 before the agreement elapsed, but proceeded to forcefully take over the property.

“That about November 13, 2020, the claimant discovered that the defendant had taken possession of the property and was busy altering the property significantly.

“The claimant states that he contacted the defendant to protest his trespass but he became abusive and threatened the claimant not to interfere with his workmen and not to trespass on his property,” Olobo asserted.

He also disclosed that due to the refusal of the defendant to complete payment within the agreed time, the agreement was terminated and he issued a cheque for the refund of the defendant’s money.

“Nearly two months after the defendant received the claimant’s letter and the bank drafts, the defendant returned them to the claimant’s solicitor’s office on February 26, 2021, using a courier company called Speedaf.

“The defendant remains adamant that he is entitled to the property and continues to exercise ownership rights over it unlawfully.

“Claimant states that on one occasion about February 23, 2021, while he was in the estate minding his business, the defendant confronted him aggressively in the presence of several persons and abused him and called him a ‘bastard’.

“He also taunted him saying, ‘if you are a man come and collect the property, I am waiting for you’.

Flowing from this, the estate surveyor prayed the court to declare that the forceful takeover and alteration of the property by the judge amounted to trespass.

Olobo also sought for N50m to be awarded as damages against the judge for trespass and N30m as damages for breach of contract.

He also, among others, prayed the court for “An order of perpetual injunction restraining the defendant from interfering with the claimant’s title and rights over the property.