Demolition Saga: Court Awards N8.5 Billion Against Kano Government.
By Bala Salihu Dawakin kudu
December 19, 2024
A Kano State High Court has ordered the Kano State government to pay a whopping sum of eight billion, five hundred and eleven million naira (N8,511,000,000:00) to Lamash Properties Limited, the owners of buildings demolished under the directive of Governor Abba Kabir Yusuf.
Justice Sunusi Ma’aji delivered the judgment on Wednesday, ruling that the destruction of the buildings in June 2023 was unjustified. The court also mandated the state government, alongside Governor Yusuf and the Attorney General, to pay an additional ten million naira (N10,000,000.00) to cover the cost of filing the lawsuit.
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Background of the Case
The demolished properties were legally acquired by Lamash Properties Limited under an agreement with the previous administration of Governor Abdullahi Ganduje. Represented by Senior Advocate of Nigeria, Nureini Jimoh, Lamash approached the court seeking declarations that the agreement with the Kano State government was valid, subsisting, and enforceable at the time of the demolition.
The defendants, represented by Ibrahim Wangida and Bashir Muhammad, had filed a Memorandum of Conditional Appearance but claimed procedural irregularities affected their ability to fully defend the case.
Court’s Decision
Justice Ma’aji ruled in favor of Lamash Properties, stating that the agreement between the company and the state government was binding and enforceable. He faulted the demolition, noting that since the structures could not be restored, their monetary value must be compensated.
The judge granted all reliefs sought by the plaintiff and awarded N8.5 billion as compensation for the destroyed buildings.
Defendants’ Reaction
In his reaction, defense counsel Ibrahim Wangida expressed dissatisfaction with the judgment. He argued that the defendants were not properly notified of a key court sitting.
“We filed a Preliminary Objection, but the judge did not sit on the initial date. When a new date was fixed, we were not served a Hearing Notice,” Wangida explained. He further stated that the court dismissed their Preliminary Objection in their absence and proceeded to deliver judgment despite their motion to set aside the previous proceedings.
The defense team has already filed a motion challenging the judgment, seeking to have it set aside.
Fallout of the Demolition Policy
The judgment is a significant blow to the Kano State government, which has faced backlash for Governor Yusuf’s demolition exercise. Shortly after assuming office in June 2023, Yusuf personally led a team to demolish structures he deemed illegally built on government land.
While his actions were praised by some as efforts to reclaim public spaces, they were widely criticized for their perceived arbitrariness and lack of due process.
This is not the first financial repercussion for the state government. In September 2023, a Federal High Court in Kano ordered the government to pay N30 billion in damages for the demolition of structures at the Kofar Mata Eid Ground.
Conclusion
The recent judgment underscores the importance of due process and the potential financial consequences of hasty governmental actions. For Governor Yusuf and his administration, the cost of the demolition policy continues to rise, further highlighting the need for caution in handling public and private property disputes.
