A top chieftain of the All Progressive Congress, APC and former Senator representing Imo West in the National Assembly, Senator Osita Izunaso is currently enmeshed in a battle of wits to grab an apartment in the Apo Legislative Quarters, Abuja and has allegedly evicted the rightful owner of the said property.
Claiming to be executing the judgment of the court in his favour, reports have it that the National Organizing Secretary of the APC, allegedly gained access to the property and removed some of the owner/occupier, Mrs. Esther Jesulanke’s fittings and belongings. Jesulanke is in her 70s.
It was gathered that the ex-lawmaker he flung out the old woman’s belongings from the apartment, thereby damaging the fittings and belongings in spite of a pending suit at the FCT High Court challenging an earlier court judgment.
It was gathered Izunaso, who showed more than a passing interest in the property located at Block 20, Flat 3, Moses Adasu Close, Zone D before it was sold by the original owner, had earlier deposited a paltry N5 million naira for the property whose value then was about N35 million in 2013.
The then owner, Mrs. Grace Inyang, who reportedly put up the property for sale with plans to buy a new property in her village where she planned to relocate after retirement, was said to have rejected the senator’s deposit even though it was paid through her counsel, Barrister Victor Okangbe, for the reason that the senator did not fulfill the condition precedent to ownership rights, which was payment of the total sum of N35, 000, 000.00 required for the release of the Deed of Mortgage on the said property with Aso Savings.
She consequently assigned the property to Taulahi Investment Nigeria Ltd represented by one Hon. Jega who sold it to the current owner/occupier, Mrs Esther Jesulanke who was certainly oblivious of the transaction between Mrs Inyang’s counsel and Izunaso.
Mrs. Inyang declared that the N5 million paid by Izunaso to Barrister Okangbe was received without her consent and she had transferred the money back to her counsel before empowering Taulahi Investment Nigeria Ltd to proceed with the sale of the apartment to a buyer who was willing to pay the complete amount.
Now, the buyer, Mrs. Jesulanke is crying out that there have been attempts to eject her by hook or crook by Isunazo who alleged that by a judgment dated 13th October, 2013, the court gave an order of specific performance of the contract of sale between him and Mrs. Grace Inyang.
She said she was taken aback by the fact that a judgment of specific performance was awarded to enforce the said sale where Isunazo purportedly paid a paltry deposit of N5, 000, 000.00 for a property as opposed to a part payment.
According to information, Mrs. Jesulanke’s assertion is that the transfer of the property from Mrs. Inyang to Taulahi Investment Nig. Ltd whom she derived her title from was first in time. In addition, she was a bona fide purchaser for value without any notice of any attempted sale or failed sale.
Also, that Isunazo who was aware that there was an occupant in the premises did not take adequate steps to join the said occupant to the purported suit he filed at the High Court of Abuja. Mrs. Jesulanke was shocked to discover the attempt to execute the purported judgment against her when she had been in possession of the property as a bona fide purchaser.
Mrs. Jesulanke’s solicitors, we further gathered, have sought redress on her behalf by filing a suit for trespass against Izunaso at the FCT High Court in Suit No: Cv/386/2015 -Taulahi Investment Nig Ltd v. Senator Osita Izunaso & Grace Inyang.
In addition, her solicitors are also challenging the judgment of the Hon. Justice Talba by filing a Notice of Appeal at the Court of Appeal as an interested party whose interest the trial court ought to have considered before giving an order of specific performance.
In spite of the solicitors; pending suits, Izunaso still allegedly ejected her belongings out of the property when Mrs. Jesulanke travelled out of the country.
Izunaso was alleged to have thrown her properties and belongings outside and lots of her properties have been seriously damaged while others were stolen.
Mrs. Jesulanke has considered the deprivation of her property as unfair and unjust and desires her property back. However, this has proven difficult in the midst the forceful ejection and the political clout of the senator who ejected her from the property.