A Federal High Court in Kano has ordered the State Government and other respondents to jointly pay two residents of Salanta quarters in Kano metropolis the sum of N1m each for attempting to demolish their properties.
The presiding judge, Justice Simon Amobeda held in a ruling on Friday that the state government and its agents’ action of marking the properties of one Saminu Shehu Muhd and Tasiu Shehu Muhd possibly for demolition without following due process was an infringement to the applicants right to own immovable property as guaranteed by combine sections of 43 and 44 of the Constitution of Federal Republic of Nigeria 1999 as amended.
The properties in question are situated at No 41, 43 and 68 of Salanta area.
Similarly the court held that the intrusion to applicants’ properties around 11pm on 14th June, 2023 in an attempt to carry out demolition is clearly infringement to their private and family life as enshrined in the Constitution of Federal Republic of Nigeria 1999 as amended.
Justice Amobeda further ordered Kano State Government to repaint the wall of the applicants which they have marked with “REMOVE by KNUPDA” with red paint.
The presiding Judge ordered that the respondents by themselves, agents, their servants or proxies whatsoever called forthwith from encroaching, trespassing, entering, invading, demolition or revoking the Applicants’ titles or doing any other act in respect of the Applicants’ properties No 41 and 43 located at Salanta along BUK Road, Kano.
“The Respondents are also ordered to remove the red signing marked: 14th June,/KN/ KNUPDA made by their staff or Agents on the Wall of the Applicant’s Properties situated at Salanta and to repaint the wall to the satisfaction of all respondents.”
Speaking after the judgement, Barrister Bashir Ibrahim, who filed the suit on behalf of the applicants, applauded the court for the judgement, describing it as a landmark for the protection of human rights and respect to human dignity.
On his part, counsel to Kano state government and other respondents in the case, Barrister Musa Dahuru Muhd, the Director Civil Litigation in the state’s Ministry of Justice, said they would study the judgement and advise the Government for the next line of action.
