A Kano State High Court on Wednesday ordered the Kano State government to pay eight billion, five hundred and eleven million naira (N8, 511, 000, 000:00) to Lamash Properties Limited, owners of the buildings demolished by the state governor, Abba Kabir Yusuf.
The court also gave an order for the defendants, consisting of the Kano State government, Governor Abba Kabir, and the state attorney general, to pay an additional ten million naira (N10,000,000.00) as the cost of filing the case.
The buildings, which were brought down on the order of the governor in June 2023, were the subject matter of a lawsuit filed by Lamash Properties who claimed that the destructions caused by the governor were unwarranted.
The case
In an Originating Summons filed before a High Court of Kano State presided over by Justice Sunusi Ma’aji, the plaintiff said it obtained the property legally via an agreement with the state government
Lamash, through its counsel, Nureini Jimoh, SAN, sought a declaration that the agreement signed with the Kano State government to develop the site for some profitable purposes was valid, subsisting, and enforceable when Governor Yusuf decided to demolish the site.
The defendants, represented by Ibrahim Wangida and Bashir Muhammad, had filed a Memorandum of Conditional Appearance in the matter, according to court records.
While delivering his judgement on Wednesday, Justice Ma’aji granted the reliefs sought by the plaintiff, agreeing that the plaintiff had an enforceable contract. He faulted the demolition and ordered that since the building could not be restored, its present monetary value should be paid to the plaintiff.
Defendants’ reaction
Wangida however told Nigerian Sketch that he had filed more than a Memorandum of Conditional Appearance.
According to him, “We filed a Preliminary Objection, and a date was given for us to move our motion but the judge did not sit on the appointed date.
“Now, when the court fixed another date, a Hearing Notice was not served on us. It was neither served on me nor Bashir Mohammed at our respective offices. They are claiming to have served it on Abdulkarim Maude, at No 63, Lamido Road.
“First, Maude has never been part of the case, and secondly, he said he was not even aware of the said service at his office. That is very strange.”
Wandiga said because they were not served with a Hearing Notice, they were not aware of the date and were not in court.
According to him, the plaintiff applied for “our Preliminary Objection to be dismissed and the court obliged. They also moved their motion.
“And today, we were in court to apply that the last sitting of the court is set aside, but the judge insisted he was in court to deliver his judgement.”
He said they have already filed a motion, praying the court to set aside today’s judgement.
Demolition consequence
The state government has suffered a huge consequence as a result of the governor’s initial rush to demolish what he called illegal structures on government property.
In September 2023, a Federal High Court sitting in Kano slammed N30 billion damages on the government for the demolition of structures at Kofar Mata Eid Ground.
Recall that on Saturday, June 3, 2023, a few days after being sworn in, Governor Yusuf personally led a demolition team to bring down structures he believed were illegally erected on government lands.
While some people hailed his intention to ‘sanitize the system’, others criticized his ‘arbitrariness.’
(Solace Base)
