COURTROOM NEWS 01/05/2023
Unity School: Federal Govt Sues Kaduna Govt Over Students’ Safety, Encroachment
The federal government has raised the alarm over the action of Kaduna State government which it claimed exposes the staff and students of Federal Government College, Malali to security threat.
It dragged the state government to the High Court of Kaduna State where in a writ of summons, the federal government sought among others, “a declaration that the claimants through the FGC Kaduna are the rightful owner of all the land comprising the FGC and including the land at the bank of River Kaduna.
The federal government also petitioned Governor Nasir el-Rufai of Kaduna State to the inspector-general of police (IGP), asking for the deployment of police to protect the students, staff and the properties of the FGC, Malali from the encroachment of the Kaduna State government.
The federal government further prayed for an order of perpetual injunction restraining her (defendant) from committing further acts of trespass on Federal Government College land in the state.
Senior government sources told journalists in Abuja at the weekend that the government was worried over the security of the students and staff of the FGC as schools resumed for academic studies yesterday, following the encroachment by the Kaduna State government.
One of the sources privy to the matter, hinted that the letter to the IGP through the Federal Ministry of Education, was to ensure that the students and staff as well as the school properties were protected as the Kaduna State government had already started pulling down some parts of the perimeter fence of the unity school.
The letter to the IGP which was sighted by newsmen read, “I wish to bring to your attention an unconscionable action of the Kaduna State government which not only exposes the staff, students and properties of the Federal Government College, Malali, Kaduna to security threats but is a display of disregard for the rule of law.
“On April 18, 2023, the principal of the Federal Government College, Kaduna, forwarded a letter dated April 17, 2023, received from Kaduna State Urban Planning and Development Authority (KASUPDA), that the state government had excised the initialised portion of land, within the college premises, towards the stretch of River Kaduna.
“The next day, April 18, 2023, officials of the KASUPDA, forcefully started bringing down the fences surrounding the college and from April 19, 2023, started to re-survey the land, digging and erecting a fence. As at April 22, 2023, eight couches of blocks have been laid on a stretch of one kilometre.
“The construction of the new perimeter fence, being constructed to delineate the illegally delineated area, is continuing at a frenzied pace and is being guarded by the men and women of a Kaduna State Vigilante Force.
“Students would be resuming from their second term holiday on Sunday, April 30, 2023 and this unnecessary exposure to such an act will send a wrong message on the adherence of the rule of law in their young minds. Most importantly, this is a case of disregard of the law, especially as the Land Use Act is clear on Federal Government properties in states.
“The presence of policemen in the college including and especially the areas where this encroachment is taking place to protect the children and property of the school on resumption on Sunday, April 30, 2023.”
“A declaration that the FGC, Kaduna be allowed to achieve its mandate in peace as enshrined in the Act establishing it and as provided under the 1999 Constitution (as amended).
“An order of restoration of the fence pulled down by the defendants to its original status.
“An order of prohibition forbidding the defendants from depriving the claimant the use of all the land granted the college through the claimants in achieving their mandate
“An order of perpetual injunction restraining the defendants whether by themselves, agents, servants or privies from committing further acts of trespass on Federal Government College land Kaduna.”
No date is yet fixed for hearing of the matter.