Court reserves judgment on property ownership rights in Kano metropolis

A Federal High Court sitting in Kano on Thursday and presided over by Justice Simon Amobeda  has reserved judgement in a suit by filed by one Saminu Shehu Muhd, a resident of Salanta Community, seeking the court to enforce fundamental rights of owing properties at No 41 and 43 situated at Salanta, Kano metropolis.

It will be recalled that Justice Simon Amobeda was on Friday, 23rd, June,2023 granted exparte application restraining Kano State Attorney General and 12 others from encroaching, trespassing, entering, invading, demolition 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.

The Court gave the interim order pending the hearing of originating motion on notice.

However, when the case resumed on  Wednesday for hearing, counsel to the Applicant, Barrister Bashir Ibrahim urged the court to enforce fundamental rights of his client.

According to him,after the Governor allocated the properties and the same Governor is claiming that property is illegally acquired

Barrister Ibrahim,also stated that by the provision of the law, the state has only one Governor. saying his client approached the court seeking the protection his fundamental rights.

The Counsel to the applicant further stated that the issue of property or who is the properly owner of the property is pending before state high court.

He alleged that his client was illegally maltreated over his land he legally acquired.

Responding, the counsel to Attorney General, Kano State Government and other Respondents, Barrister Musa Dahiru, (Director Civil Litigation, Kano State Ministry for Justice) said the pieces of land are property of Kano state Polytechnic, which comprises of many tertiary institutions, such as School of Management Studies, School of Technology and College of Legal and Islamic Studies.

He then maintained that the Kano Polythenic has it existence law that protects all its property, that is Kano Polythenic Law 2015.

The Director argued that what is before the court is the Private Ownership Title trying to superceed public ownership, praying the Court to dismiss the case arguing that it has no bases in law.

However ,after listening the submission of both counsel, Justice Amobeda said the court registry will communicate with both parties when his judgement is ready.

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