Bauchi State Police Commissioner, Auwal Musa Mohammed, has been called upon to, as a matter of urgency, enforce a court judgment of a case involving over 300 hectares of land in Bauchi in the interest of fairness and justice.
The call was made by a Bauchi based Human Rights Organizations known as Council for Affirmative Action, which is demanding for the “immediate resignation” of the Police Commissioner, over what it alleged as “failure to enforce the judgement.”
This was contained in a petition written by the Executive Director of organisation, Mbami Iliya-Sabka addressed to the Inspector General of Police, IGP Kayode Egbetokun, through the Commissioner of ft Police, Bauchi State Police Command.
The petition with reference number: cofaa/admin 03/Vol. 3./2024, dated January 8th, 2024, was titled: Re: Demand for the immediate resignation of CP Auwal Musa Muhammad, Commissioner of Police, Bauchi State Police Command, due to his failure to respond to a petition and enforce a court judgement.”
The said petition was made available to Journalists in Bauchi Friday evening.
Iliya-Sabka stated in the petition that the Commissioner of Police failed to appropriately respond to a petition dated December 28th, 2023, submitted to his office by O.J. Bichi, Esq, which “highlighted criminal conspiracy, intimidation, threat to life, usurpation of court powers, forceful taking over and selling of family lands in Kajutu and Kwuitun villages, Bauchi metropolis, Bauchi State.”
“The petitioners, comprising individuals who are bonafide owners of the land, sought the intervention of the Nigeria Police Force in upholding justice and enforcing the judgments of both the High Court of Justice, Bauchi State and the Court of Appeal, Jos, Plateau State.”
According to him, “Despite the clear and unambiguous decisions of the Courts dismissing the claims of Alhaji Muhammad Mahmud Maishanu, over the disputed land, Commissioner Auwal Musa Muhammad has failed to take appropriate actions to prevent the ongoing criminal activities.”
According to documents, including the judgments of both the High Court of Justice, Bauchi and the Court of Appeal, Jos, which were made available to our Correspondent, “unequivocally established the legal rights of the petitioners to the land in question.”
Mbami Sabka added that, “However, Alhaji Muhammad Mahmud Maishanu, with the support of officers from the Ministry of Lands and Survey, Bauchi State and the Nigeria Police Force, is unlawfully attempting to seize and sell the land, in direct violation of the Court orders.”
The Rights Activist further stated that following these, they therefore demand that: “Considering the Commissioner’s failure to respond to the petition, enforce court judgements and prevent the ongoing criminal activities, we call for the immediate resignation of Commissioner Auwal Musa Muhammad, from his position as Commissioner of Police, Bauchi State Command.”
He added that, “We request that an urgent and thorough investigation be conducted to identify and apprehend the individuals behind the criminal conspiracy, intimidation, usurpation of court powers and forceful taking over of the petitioners’ land.”
The Rights Activist added that, “We urge all Civil Society Organizations in Nigeria to condemn these actions and join us in calling for the immediate resignation of Commissioner Auwal Musa Muhammad.”
He expressed optimism that “the Nigeria Police Force under your leadership stands as a bulwark for justice and the rule of law. We trust that swift and decisive action will be taken to address this matter, restore justice and uphold the principles of fairness and equity.”
Meanwhile, the petition by O.J. Bichi and Partners obtained by Tribune Online was titled: “Petition against some officers of the Nigeria Police serving in Bauchi State Police Command, staff of the Ministry of Lands and Survey, Bauchi State and Alhaji Muhammad Mahmud Maishanu, for criminal conspiracy, intimidation, threat to life, usurpation of court powers, forceful taking over and selling of the family lands of people of Kajutu and Kwuitun villages in Bauchi metropolis, Bauchi State, and addressed to the Bauchi State Commissioner of Police on December 28th, 2023.”
The petitioners are: Ajiya Kaitun, Alhaji Iliya, Alhaji Adamu, Danladi Mamman Kajutu, Mairuwa Kajutu, Shamagana Kuitun, Magaji Kuitun, Bunu Kuitun, Nafi’u Sani, Ali Shu’aibu, Murtala Shu’aibu, Idris Shu’aibu and Mairuwa Sojan-Haya.
Others are: Maigero Kajutu, Dan Borno Kajutu, Alhaji Maikasuwa, Alhaji Usman Hardawa Block, Shuhu Bulma, Musa Sarkin Fada, Sarkin Baki, Alhaji Rabi’u, Bala Kunje, Mr. Bulus, Hashimu, Buhari Hardo, Magaji Bako and Garkuwan Madakin Tirwum.
Counsel to the petitioners, Obadiah Bichi, said his clients are the rightful owners of the over 300 hectares which they inherited from their forefathers many years ago.
According to him, “Our clients and members of their families are the bonafide owners of the vast land lying and situated in Kujutu and Kwuitun Villages along Maiduguri, Bauchi before Bauchi State University, Bauchi Campus comprising over 300 hectares having inherited same from their forefathers who first founded and settled on the land over 300 years ago. Some of our clients legitimately purchased their portions of land from the original owners,”.
He added in the petition that: “Sometime in 2015, Alhaji Mahummad Mahmud Maishanu, filed action against our clients and others before High Court of Justice of Bauchi State in suit number: BA/02/2015 – Alhaji Muhammad Mahmud Maishanu Vs Ajiya and 29 others.
According to him, the matter proceeded to hearing, witnesses were led and cross-examined by Counsels for the respective parties adding that documents were tendered by Alhaji Maishanu, the plaintiff, including the Certificate of Occupancy no. BA/1517, letter of grant no. BA/1517 and the entire file record of his title from the Ministry of Lands and Survey.
“Honourable Justice M. A. Sambo of the High Court of Justice of Bauchi State in a considered decision/judgement dated March 12th, 2021, dismissed the plaintiff’s claim for title to the land he is claiming ownership of and ordered the plaintiff to pay the sum of N50,000.00 to the 1st to 28th defendants and N20,000.00 to the 29th defendant (Nigeria Security and Civil Defense Staff Cooperative by Society, Bauchi Command) as cost,” he added.
“Dissatisfied with the judgement of the High Court of Justice of Bauchi State, the plaintiff appealed against the judgement to the Court of Appeal Jos in appeal number: CA/J/290/2021. The appeal was dismissed on the 13th March, 2023.
“After dismissing the appeal, Alhaji Muhammad Mahmud Maishanu, Ministry of Lands and Survey, Bauchi State criminally conspired, processed and approved that Alhaji Muhammad Mahmud Maishanu should take over the land which the court determined that he has no title.”
He further stated that, “After criminally usurpation and overriding the judgements of the Bauchi State High Court and the Court of Appeal, Jos, which dismissed the claims of Alhaji Muhammad Mahmud Maishanu, Staff of Ministry of Lands and Survey, Bauchi State, Officers of the Nigeria Police Force and Military Officers, armed to the teeth with arms and ammunition moved to our clients’ family lands with grading machines and started clearing same.”
“The officers threatened to kill any of our clients who go close to their land and even arrested five members of our clients family. The action of Alhaji Muhammad Mahmud Maishanu, Staff of Ministry of Land and Survey, Bauchi State and Officers of the Nigeria Police Force and military officers from Air Force Base, Bauchi is targeted at creating chaos in the society by using unlawful means to take over our clients’ lands despite what the Court of law had validly decided that does no belong to Alhaji Muhammad Mahmud Maishanu,” he stated.
Obidiah Bichi said that it is pertinent to state that the judgement of the High Court of Baichi State delivered on 12th March, 2021, dismissing Alhaji Maishanu’s claims of the title over the land is valid, subsisting and binding on everybody including authorities.
“We kindly request that an urgent and thorough investigation be carried out to unravel the criminals behind the unlawful act of criminal conspiracy, intimidation, usurpation of court powers and forceful taking over of our clients’ land as well as selling of the same to prospective buyers,” he requested.
In a reaction to the development, the Police Public Relations Officer (PPRO) for the Command, SP Ahmed Wakili explained that efforts were being made to investigate and address the grievances and complainants brought before the Command.
The Command ‘s spokesperson explained further to Journalists that the Commissioner of Police was willing and had been engaging with various aggrieved groups with a view to amicably settling issues of disagreement.
The PPRO disclosed that the CP had reached out to the aggrieved persons regarding the land in contention and had received their complaints and even had a meeting where they discussed.
He said the issue was being investigated and assured that justice would be served approximately.
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