Facts:

The Federal Government through the approved Guidelines in Gazette No. 82 Vol.92 of 15/8/2005, approved the sale of Federal Government Houses in FCT to deserving career civil servants. The modalities were equally provided for the sale of the said houses. The Appellant emerged as the winner bidder and subsequently, the federal government through its agency gave the Appellant an offer letter dated 13th December, 2005 for the property known as Block D7A, Flat 2, Zone D, Apo District, FCT – Abuja which contained terms of offer between the Federal Government of Nigeria (Lessor) and the Appellant (Lessee). After the expiration of the time within which the Appellant was expected to make the full and final payment particularly the third instalment, the 1st and 2nd Respondents gave the Appellant a grace period of over six (6) months but the Appellant still defaulted in making the final payment. The 1st and 2nd Respondents upon the default of the Appellant to comply with terms and conditions contained in the OFFER LETTER of 13th December 2005, withdrew the offer and terminated the offer and contract arising therefrom.

The 1st and 2nd Respondents having terminated the contract with the Appellant with respect to the property situated at Block D7A, Flat 2, Zone D, Apo District, FCT – Abuja, offered the property to the 3rd Respondent as a replacement to an earlier property sold to her which had a defect. The 3rd Respondent accepted by making full payments within the time stipulated in the letter of offer and was issued a handover note. However, the Appellant had forcefully moved into the property in issue without completing payment and without a handover note to her from the 1st and 2nd Respondents. The Appellant was never in occupation of the property in issue and was not a sitting tenant before biding and was therefore not entitled to the right of first refusal. In other words, the Appellant was not offered the property as a sitting tenant but as a public bidder.

Aggrieved by the decision of the 1st and 2nd Respondents, the appellant instituted an action in the Federal High Court claiming the property in question and other reliefs. At the end of the trial, the Appellants claim was dismissed. The Appellant appealed the decision of the trial court, and the Court of Appeal also affirmed the decision and the appeal was dismissed. Further aggrieved by the decision, the appellant appealed to the Supreme Court.