A Kano State High Court has ordered the Kano State government to pay N8.5 billion to Lamash Properties Limited, owners of the buildings demolished by the state government in June 2023.
The court also gave an order for the defendants, consisting of Kano State government, Governor Abba Kabir Yusuf and the State Attorney General, to pay an additional N10 million as the cost of filing the case.
The June 2023 demolitions were the subject matter of a lawsuit filed by Lamash Properties who claimed that the destructions caused by the governor were unwarranted.
In an originating summons filed before the High Court in Kano state presided by Justice Sunusi Ma’aji, the plaintiff said it obtained the property legally through an agreement with the state government under the administration of Governor Abdullahi Umar Ganduje.
The firm, through its counsel, Nureini Jimoh, SAN, sought a declaration that the agreement signed with 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.
However, the defendant counsel said he had actually 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 on 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 own motion.
“And today, we were in court to apply that the last sitting of the court be set aside, but the judge insisted he was in court to deliver his judgment. We have already filed a motion, praying the court to set aside today’s judgment,” he said.
This is the second time the Kano state government lost a court battle attributed to its demolition exercise.
It can be recalled that in September 2023, a Federal High Court sitting in Kano slammed a N30 billion damages on the government for the demolition of structures at Kofar Mata Eid Ground.
It was also reported that the Kano government had agreed to pay N3 billion as compensation to incorporated trustees of Masallacin Eid and traders association over the demolition of shops in the state.
It was gathered that the government and the traders’ association reached a consensus through an application of settlement dated December 12 and filed on December 13.
