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Kaduna district heads: Court dismisses appeal

Nasir el-Rufai, Kaduna State Governor

GOVERNOR Nasir el-Rufai of Kaduna State has praised the judiciary for upholding the rule of law, urging aggrieved parties in both civil and criminal matters to shun self-help.

The governor who made this known in a statement issued by his spokesman, Mr Samuel Aruwan on Friday was reacting to the Court of Appeal judgment which dismissed the appeal filed by some former District Heads, challenging their removal.

The statement recalled that five former District Heads had gone to Kaduna High Court, praying for an exparte motion to stop the state government from restructuring the traditional institution.

According to Aruwan, Justice Bilkisu Mohammed refused to grant the plaintiffs’ prayers, arguing that there is no situation of urgency that will warrant an interim injunction against the defendants.

The statement listed Alhaji Aliyu Abdul Wahab, former District Head of Afaka in Igabi local government area, Alhaji Dalhart Mohammed, ex-District Head of Gimi in Makarfi area council and Alhaji Aliyu Gadas, the erstwhile District Head of Gadas in Kubau local government area.

Other plaintiffs included Alhaji Mu’azu Shehu Doka and Alhaji Kabiru Zubairu, former District Heads of Doka and Barnawa in Kaduna North and Kaduna South local government areas respectively.

The statement recalled that the five plaintiffs had sued Kaduna state government, the Attorney General of the state, Commissioner of Local Government Affairs and Zazzau Emirate, challenging their removal.

Dissatisfied with the judgement of the lower court, the plaintiffs had approached the Kaduna Division of the Court of Appeal, seeking to set aside the verdict of the High Court, the statement added.

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Aruwan said that “in a unanimous decision, the three justices upheld the verdict of the lower court which was given on June 22 last year. ”

He quoted Justice Obande Festus Ogbuinya who read the judgement, as saying that “the appeal was devoid of any morsel of merit and deserves the penalty of dismissal.”

The governor’s spokesman also said that Justice Ogbuinya said that the appellants failed to “showcase the genuine necessity for an order of interim injunction as they starved the lower court of actual urgency, which, in the eyes of the law, is an unavoidable passport to fetch them discretion at the lower court. ”

The statement said that Governor el-Rufai noted that the two court decisions have reinforced the decision of the state government to restructure the traditional institution.

As part of the restructuring, the state has reverted to the 77-district structure it had prior to 2001 when the number ballooned to 390, adding an undue burden on local government councils.

S-Davies Wande

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