Zaki Biam massacre: Fresh filings stall N8bn victims’ suit against SAN, others

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A Federal High Court in Makurdi has adjourned until November 23, hearing of a suit by victims of the 2001 Sankera massacre challenging the proposed disbursement of the N8 billion judgment sum awarded to victims of the Nigerian Army’s invasion of communities in Benue State.

The case was stalled on Tuesday, October 23, following fresh court processes filed on behalf of the seventh defendant, Chief J.K. Gadzama, SAN, which plaintiffs’ counsel, Dr. D.O. Penda, said required careful examination before a response could be filed.

The plaintiffs—Tsaga Terkula, Ahungwa F. Kaduna, Mbakesen Ayatse, Mbayemen Masenwuan and Ioryina Aondongu Daniel—had obtained an interim order restraining the Debt Management Office (DMO) from authorising the Central Bank of Nigeria (CBN) to pay the judgment sum to Rhemalaw Partners, Hon. Eze Nwa-Uwa, The Anavo Institute Limited, Gadzama, Ocha P. Ulegede, or any financial institution or person claiming an interest in the promissory notes relating to the judgment debt.

October 27 had earlier been fixed for hearing of the plaintiffs’ motion after Dr. Penda sought time to respond to voluminous documents, including a counter-affidavit, filed by the eighth defendant, Ocha Ulegede, in opposition to both the interlocutory application and the originating summons.

However, Dr. Penda, who appeared for the plaintiffs, told the court that although his team was ready to move its application, fresh processes served on the plaintiffs by Gadzama, SAN, had further complicated proceedings.

The New Times learnt that the processes, filed by Prof. Chukwuemeka Anyogu on behalf of Gadzama, SAN, included an application to withdraw the senior advocate’s affidavit filed on October 14 in response to the plaintiffs’ interlocutory application.

Dr. Penda said the new filings required careful consideration before the plaintiffs could respond, particularly because Gadzama, SAN, was among the parties sued in the case.

Counsel to the defendants present in court did not oppose the request for an adjournment.

The Federal Ministry of Finance, DMO, Hon. Eze Nwa-Uwa and the Attorney-General of the Federation and Minister of Justice, listed as the first, second, fifth and ninth defendants respectively, were neither represented in court nor had legal representation at the proceedings.

Justice R.J. Egbe subsequently adjourned the matter until November 23, 2026, for hearing of the Motion on Notice.

The court had, on October 14, extended its interim order restraining the CBN from releasing the N8 billion judgment sum pending the determination of the application challenging the proposed disbursement.

Legal experts say the subsisting restraining order means the disputed funds cannot be disbursed in violation of the court’s directive while the case remains pending, regardless of how long the proceedings take.

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