Court/Litigation

Demolition: Court restrains Gov. Yusuf further action on private property

A Federal High Court sitting in Kano has restrained Kano State Government further action on demolishing, revoking and trespassing on building in Kano.

The court order came in the mild of ongoing mass demolition, revocation of landed and marking of several private structures for pull down.

In an application filed by Alhaji Saminu Shehu Muhammad, owner of two buildings already marked for demolition in Salanta quarters along BUK, against 12 defendants, the court granted the exparte order restricting the defendants action.

Defendants in the suit include the Attorney General Kano state, Solicitor General, Kano State, Kano State Government, Kano State Bureau for Land Management, Kano State Urban Planning and Development Authority(KNUPDA) , Nigeria Police Force, Inspector General of Police, Commissioner of Police, Kano State, Nigeria Security and Civil Defence Corps, Commandant General of Nigeria Security and Civil Defence Corps and the Commandant , Nigeria Security and Civil Defence Corps, Kano State.

A certified copy of the order granted by Justice S.A Amobeda sighted by The Guardian, “The defendants in the suit number: FHC/KN/CS/160/2023 ordered that all the defendants and their agents should stay action pending the determination of the substantive suit.

The court, after listening to the motion moved by the applicant’s counsel, Prof. Nasiru Aliyu, SAN, ordered accelerated hearing of the case and adjourned the suit to 10 July, 2023.

“That Order of this Court is hereby made in the interim restraining the Respondents by themselves, agents, servant or proxies whatsoever called from encroaching, trespassing, entering, invading, demolishing or revoking the Applicant’s titles or doing any other act in respect of the Applicant’s property No. 41 and 43 situate at Salanta, along BUK Road, Kano, covered by Certificate of Occupancy No. KNMLO8228 and Certificate of Occupancy No. KNMLO8229 pending the hearing and determination of the Originating Motion.

“That Order of this Honourable Court is hereby made granting leave to the bailiff of this court to serve the 3rd, 4h, 5h and 6th Respondents with all processes and all subsequent processes in this suit through any staff or officer in the office of the 1st and 2nd Respondents and deeming the service as valid, personal and proper.

“That Order of this Honourable Court is made granting leave to the bailiff of this Court to serve the 7th and 8th Respondents with all processes and all subsequent processes in this suit through the office of the 9th Respondent and deeming the service as valid, personal and proper.

“That Order of this Honourable Court is hereby made granting leave to the bailiff of this Court to serve the 10th and 11th Respondents with all processes and all subsequent processes in this suit through the office of the 12th Respondent and deeming the service as valid, personal and proper.

“Accelerated hearing is hereby ordered. That Order of this Court and al the processes in this suit shall be served on the Respondents. That the matter is adjourned to 10m July, 2023 for Hearing.”

(Guardian)

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