Ignores N30B Conditional Order
Kano State Government may have jettioned the order of the Federal high court, which granted a conditional directive issued to the state on the compensation of N30 billion.
In a suit brought by Incorporated Trustees of Masallacin Eid Shop Owners and Traders on the demolition of their property, Justice Simon Amobeda had found Kano State government and eight other defendants guilty of violation of fundamental rights to own property among other prayers.
Subsequently, the court which ruled in favor of traders ordered the state government and other respondents to pay a sum of N30 billion as compensation of the destroyed properties to the plaintiffs.
Dissatisfied with the judgment of the Federal high, the government last week, filed a fresh motion for stay of execution of the order, pending the hearing of the appeal at the Court of Appeal.
Although Justice Amobeda did not decline the motion of defendants, he ordered the defendants to deposit the large sum of the compensation as find with the court registrar within seven days as a condition to grant the stay application.
Speaking with journalists at the expiration of the seven days ultimatum, the State Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi, said there was no need to comply with the order of the lower court since hearing of an appeal against the N30 billion is already pending.
The Attorney General insisted that Justice Amobeda lacked the jurisdiction to hear the matter revolved around ownership of properties in the first instance.
He further explained that the government had already prepared its documents prior to the judgment and swiftly moved to appeal the decision on the same day it was delivered.
On the conditional order reversing the stay of execution, Barrister Dederi assured the public that there should be no cause for alarm. He confirmed that the record of the Federal High Court proceedings had already been transmitted to the Court of Appeal.
The Attorney General also disclosed that the Court of Appeal has scheduled 4th December, 2023 for hearing of the motion on stay of lower court execution order.
“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.
“The Kano State Government’s actions are supported by the provisions of the Land Use Act, which empowers the government to grant and revoke land. Although the demolition of the properties was carried out in the overriding public interest”, AG emphasized.
