The Federal Government has raised concerns that the action of the Kaduna State government has exposed staff and students of Federal Government College (FGC), Malali, Kaduna to grave security threats.
The administration of Governor Nasir el-Rufai is said to have demolished part of the unity school perimeter fence, which has thrown it open for anyone to walk in and out of the premises at will.
The federal government is now anxious that the encroachment on the school property has reduced access control that its authority was able to exercise previously.
Top Federal Ministry of Education expressed alarm at the weekend that if the Kaduna State government does not reverse its action, it is only a matter of time before unauthorised persons including terrorists begin to gain entry to the school whose students were to resume Sunday April 30.
The Ministry has already petitioned the Inspector General of Police (IGP), Usman Baba, drawing his attention to the breach and asking for his intervention.
A top federal government source familiar with the issue disclosed at the weekend that the objective of the petition is to ensure that staff, students and property of the unity school are protected.
This is coming as Kaduna State has remained a hotbed of terrorists activities with a record of students being abducted from their schools many of who have spent long periods in captivity.
Parts of the petition to the IGP shown to reporters in Abuja at the weekend reads: “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 18th April, 2023, the Principal of the Federal Government College, Kaduna, forwarded a letter dated 17th April, 2023, received from Kaduna State Urban Planning and Development Authority, KASUPDA, that the state government has excised the initialised portion of land, within the college premises, towards the stretch of River Kaduna.
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“The next day, 18th April, 2023, officials of the KASUPDA, forcefully started bringing down the fences surrounding the college and from 19th April, 2023, started to re-sirvey the land, digging and erecting a fence. As at 22nd April, 2023, eight (8) couches of block 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, 30th April, 2023 and this unnecessary explosion 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 30th April, 2023.”
Beyond the petition to the IGP, the Federal Ministry of Education has now dragged the Kaduna State government to court asking for an order of perpetual injunction restraining her (defendant) from committing further acts of trespass on Federal Government College, land in the state.
The writ of summons in the case that was filed before the High Court of Kaduna State shows that the federal government is seeking among others, “A declaration that the claimant through the FGC Kaduna are the rightful owner of all the land comprised in the FGC and including the land at 6bank of River Kaduna.
“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 o it’s 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 to themselves, agents, servants or privies from committing fur6acts of trespass on Federal Government College land Kaduna.”
A date is being expected to be set for hearing of the case.