COURTROOM NEWS 23/07/2023
Demolition: Court Awards N2m Damages Against Kano Govt
A Federal High Court in Kano has ordered the Kano State Government and other respondents to jointly pay two residents of Salanta quarters in Kano metropolis the sum of N1 million each for attempting to demolish their properties.
The presiding judge, Justice Simon Amobeda, held in a ruling on Friday that the state government and its agents’ action of marking the properties of one Saminu Shehu Muhd and Tasiu Shehu Muhd possibly for demolition without following due process was an infringement to the applicant’s right to own immovable property as guaranteed by combine sections of 43 and 44 of the Constitution of Federal Republic of Nigeria 1999 as amended.
The properties in question are situated at No 41, 43 and 68 of Salanta area.
Similarly, the court held that the intrusion to applicants’ properties around 11 pm on 14th June, 2023 in an attempt to carry out demolition was “clearly infringement to their private and family life as enshrined in chapter of the Constitution of Federal Republic of Nigeria 1999 as amended.”
Justice Amobeda further ordered the Kano State Government to repaint the wall of the applicants which they have marked with “REMOVE by KNUPDA” with red paint.
The presiding judge ordered that the respondents by themselves, agents, their servants or proxies whatsoever called to forthwith from encroaching, trespassing, entering, invading, demolishing or revoking the Applicants’ titles or doing any other act in respect of the Applicants’ properties No 41 and 43 located at Salanta along BUK Road, Kano.
Speaking after the judgment on behalf of the applicants, Barrister Bashir Ibrahim applauded the court for the judgment, describing it as a landmark judgment.
On his part, counsel to Kano State government and other respondents in the case, Barrister Musa Dahuru Muhd, the Director Civil Litigation in the state’s Ministry of Justice, said he will study the judgment and advise the government on the next line of action.