The Kano State Government has stated that the order obtained by the victims of Filin Masalaci from the Abuja Court was obtained fraudulently. The state, as of now, continues to operate its accounts.
The judgement, which favoured the Incorporated Trustees of Masallacin Eid Shop Owners and Traders, was addressed by the State Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi, on Wednesday.
He argued that a court of the same jurisdiction could not preside over a case it had already decided, especially one that had been appealed.
Dederi clarified, “It was noted that the Kano State Government had filed an appeal against the N30 billion punitive and compensation judgment handed down by Justice Simon Amobeda of the Federal High Court in Kano.”
Dederi questioned how a court of the same jurisdiction could issue a judgment in Kano, especially one that was outside the court’s jurisdiction and had already been appealed.
He added that the government had filed an appeal because the Federal High Court lacked jurisdiction to hear the case, and all records of proceedings had been transmitted to the Court of Appeal.
Even before the appeal, the government had filed a motion seeking a stay of execution pending appeal, making it questionable for the same court to sit on the same case, he said.
Dederi confirmed that the record of the Federal High Court proceedings had been transmitted to the Court of Appeal and mentioned that the Court of Appeal had scheduled the motion hearing on the stay of execution for December 4th.
“It would be futile for the Federal High Court to make any orders on the issue, as the case is pending before the appeal court, and it would be akin to a court sitting in appeal on its own judgment,” he remarked.
Dederi emphasized that the Kano State Government’s actions align with the provisions of the Land Use Act, which empowers the government to grant and revoke land. He categorically stated that the demolition of the properties was carried out in the overriding public interest.
It’s important to note that Justice Simon Amobeda had previously ordered the Kano State Government to pay the sum of N30 Billion as compensation to the Incorporated Trustees of Masallacin Eid Shop Owners and Traders.
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