Demolition: Court restrains Kano govt from demolishing building

A Federal High Court sitting in Kano, presided over by Justice S.A. Amobeda, has restrained the Kano State Government from demolishing, revoking or trespassing buildings of Alhaji Saminu Shehu Muhammad at no. 41 and 43 Salanta along BUK Road.

It will be recalled that the Kano State Government recently marked some buildings at Salanta quarters for demolition, which the government considered illegal structures on public property, with the perimeter fences of most of the houses already destroyed.

However the defendants in suit number: FHC/KN/CS/160/2023 are the state’s Attorney General, state’s Solicitor General, Kano State Government, Kano State Bureau for Land Management, Kano State Urban Planning and Development Authority (KNUPDA), Nigeria Police Force, Inspector General of Police, state’s Commissioner of Police, 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.

According to a certified true copy of the court order sighted by the Nigerian Tribune, the presiding judge, Justice Amobeda ordered that all the defendants and their agents should stay action pending the determination of the substantive suit.

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

The order partly reads: “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.”

It was further stated by the court, “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.

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