Justice Simon Amobeda of the Federal High Court, Kano, yesterday, ordered Kano state government and 12 other respondents to pay a sum of N1 million Naira each to residents for infringement of their fundamental right to own property in the state.
The court also ordered Kano State government and other respondents to vacate the inscription engraved on the perimeter fence of the applicants, marking their properties for demolition while ensuring immediate repair of the wall.
Besides, Justice Amobeda restrained Kano State government and other concerned parties from further infringement by a way of attempted demolition of the applicants properties henceforth located at No 41, 43 and 68 situated at Salanta, Kano metropolis.
The two applicants, one AlhajiSaminuShehu Muhammad and AlhajiTasiuShehu Muhammad had dragged the state government and 12 other respondents to court for violation of fundamental right to own property in the state.
In their application, the plaintiffs asked the court to enforce their fundamental right, restrain the state government, its agents and other respondents from further trespass on its buildings and compel payment of N50 million each compensation for torture and inhuman treatment inflicted on them and their families.
The court upheld that intrusion into the applicants’ properties around 11pm on June 14, 2023 in an attempt to carry out demolition is clearly infringement to their private and family rights and likely breach to the applicants right to property as enshrined in the Constitution of Federal Republic Of Nigeria 1999 as amended.
The presiding Judge ordered, “that the respondents, by themselves, agents, 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,” Justice Amobeda ruled.
Responding to the judgment, counsel to the applicants, Barrister Bashir Ibrahim applauded the court for what he described as landmark on 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 Muhammad said government will study the judgment and would be advised on the next line of action accordingly.