The Kano State Government has said that the Garnishing Order obtained from Abuja Court by the victims of Filin Masalacin Eid demolition, was nothing but a fraudulent order as the government still operates all its bank accounts.
The State Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi made the clarification while speaking to newsmen on Wednesday.
Read also: CNG: Kano Govt Signs $15m Contract With STATA Power Utilities On Customized Gas Programme
He said there was no way the Court of same jurisdictions could even sit on a case it has decided on and which has since been appealed against.
He said it was on notice that the Kano State Government had filed an appeal against the N30 billion ‘punitive and compensation judgment’ handed down by Justice Simon Amobeda of the Federal High Court in Kano.
The judgment was in favour of the Incorporated Trustees of Masallacin Eid Shop Owners and Traders.
Barrister Dederi wondered how the same Court of the same juridictions would give a Judgement in Kano, “a judgement that was even done out of jurisdiction of the Court”, and which was also appealed against, and another similar Court to issue another order on the same matter.
He stated that they filed an Appeal because the Federal High Court lacks jurisdiction to hear the case, as it revolved around ownership of the property in the first place and all records of proceedings were transmitted to the Appeal Court.
Read also: Gov .Yusuf Relationship With Journalists Sour
“Even before the appeal the government had filed a motion seeking a stay of execution pending appeal, so how can the same court even sit on the same case,” Dederi said.
He confirmed that the record of the Federal High Court proceedings had already been transmitted to the Court of Appeal.
The Attorney General also disclosed that the Court of Appeal has scheduled the hearing of the motion on stay of execution for 4th December.
He stressed that it would be futile for the Federal High Court to make any orders on the issue, as the case is pending before the Appeal Court and it would be akin to a court sitting in appeal on its own judgment.
Barrister Dederi reiterated that the Kano State Government’s actions are supported by the provisions of the Land Use Act, which empowers the government to grant and revoke land.
Read also: 1 died, another injured in Kano gas explosion
He emphasized that the demolition of the properties was carried out in the overriding public interest.
Recall that Justice Simon Amobeda had previously ordered the Kano State Government to pay the sum of N30 billion as compensation to the Incorporated Trustees of Masallacin Eid Shop Owners and Traders.
