Court Orders FHA and AIBEN Properties to Maintain Status Quo in Gwarinpa Land Dispute
A Federal Capital Territory (FCT) High Court sitting in Bwari, Abuja, has issued an interim order restraining the Federal Housing Authority (FHA) and AIBEN Properties Ltd from altering the condition of a disputed land parcel located at 5th Avenue, 52 Road, Gwarinpa II Estate. Justice M. A. Madugu delivered the ruling on 6 January 2026, following an ex parte application by Tulwu Integrated Properties Ltd, which asserts lawful ownership of the property.
Legal Intervention and Restraining Order
The court directed all parties involved in the suit to maintain the status quo pending the determination of the motion on notice. Justice Madugu’s decision follows a review of the motion, supporting affidavits, and exhibits presented by the claimant’s counsel, Abdul-Aziz E. Ibrahim (SAN). The order aims to prevent further encroachment or development on the site until the substantive legal issues are resolved.
The matter has been adjourned to 21 January 2026 for the hearing of the motion on notice.
Allegations of Encroachment and Use of Force
Tulwu Integrated Properties Ltd alleges that the dispute intensified when AIBEN Properties, reportedly supported by FHA officials, encroached upon the land to carve out approximately 6,000 square metres. According to the claimant, this occurred despite a prior restraining order issued by the FCT High Court on 1 July 2025, which was prompted by the demolition of the property’s perimeter fence.
The firm further alleged that on 15 December 2025, armed police officers and FHA officials returned to the site for further demolition activities. The claimant also reported that construction equipment was moved onto the site under the cover of night to commence excavation, necessitating the current urgent legal intervention.
Conflicting Records on Land Dimensions
Central to the dispute is a discrepancy regarding the total land area. While the Federal Housing Authority maintains that the original allocation consisted of 16,000 square metres, Tulwu Integrated Properties Ltd contends that official survey records confirm the site measures 22,017.233 square metres.
The historical background of the land reveals it was initially allocated by the FHA to Savannah Suites and Restaurant Ltd before being assigned to the claimant via a consent letter dated 13 March 2013. The claimant asserts that a change-of-use approval issued by the FHA in July 2023 explicitly recognised the larger dimension of 22,017.233 square metres. Furthermore, Tulwu alleges that all FHA correspondence and billings since 2013 have consistently reflected this revised size.
Regulatory and Development Hurdles
The claimant disclosed that although it applied for development approval in May 2025 and received clearance for its architectural and engineering designs, the FHA has allegedly withheld the final billing documents required to commence construction. This administrative delay, coupled with the physical encroachment, has effectively stalled the project.
The court’s order to maintain the status quo effectively freezes all physical and administrative actions related to the Gwarinpa property. As the FCT continues to grapple with complex land administration challenges, the outcome of this case on 21 January 2026 will be closely monitored by legal experts and real estate investors. It serves as a significant litmus test for the enforcement of property rights and the accountability of statutory housing bodies in Nigeria.
