The Federal High Court sitting in Kano Friday ordered the State Government to pay N30 billion as compensation to a group of victims of the demolition – Incorporated Trustees of Massallacin Eid Shop Owners.
According to the Nation, Justice Samuel Amobeda who handed down the verdict labeled the action of the state government barbaric and unconstitutional.
He argued that the demolition was unlawful as it did not follow the due processes of law.
The Incorporated Trustees of Masallacin Idi Shop Owners, Traders Association and 56 others, through their counsel, Dr Nuraddeen Ayagi, had prayed the court to order the state government to pay them N250 billion as damages.
They filed a motion ex parte seeking the enforcement of their fundamental rights, right to own properties and damages against the State Government for demolishing their shops.
The respondents in the suit are Kano State Government, Kano State Urban Development Authority, Attorney General of Kano, Nigeria Police, AIG Zone 1 and Commissioner of Police Kano.
Others are Nigeria Security and Civil Defence Corps and NSCDC Kano Commandant.
Giving his judgment, Justice Amobeda said the demolition violated the Applicants’ right to own property, right to life cum livelihood and right to dignity.”
He ordered the first to third respondents to jointly pay the applicants the sum of N10 billion as general damages for the breach of the applicants’ fundamental right to life and ownership of property as guaranteed by law while the remaining N20 billion is for punitive and exemplary damages.
He ordered immediate payment of the money.
In a swift response to the judgment on Friday, the state government signified its intention to process an appeal.
Attorney General and Justice Commissioner Haruna Isa Dederi described the judgment as a miscarriage of justice.
He said, “The Land Use Act is clear on the position of land in every state.
“The court lacks the jurisdiction to even listen to the case because government is the sole owner of land, according to the Land Use Act.”
Another Federal High Court had earlier restrained the state government from selling the land on which the demolished business properties were built.
The court categorically barred the state government from “unlawfully alienating or transferring the title of applicants’ demolished business premises at Kofar Mata Eid Ground Kano, subject matter of this action to a Saudi foreign firm or any other person for any purpose whatsoever pending the hearing and determination of the substantive application.”
Governor Abba Yusuf had embarked on mass demolition of property in parts of the state, alleging that they were illegal.
Some of the demolished property were a three-storey plaza consisting of over 90 shops on the Race Course, Nasarawa GRA and the almost completed 90-room five-star Daula Boutique Hotel.
Some residential buildings were also leveled with thousands of their inhabitants rendered homeless.
Governor Yusuf accused his predecessor, Abdullahi Ganduje, of giving out public land to private individuals.
But Ganduje dismissed the allegation, saying that some of the structures were approved by his executive council as Public Private Partnership projects.
