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Demolition: FHC Grants Stay of Execution Conditionally, Orders Kano Government to Pay N30 Billion Within 7 Days

A Federal High Court in Kano has issued an order for the Kano State Government to pay a sum of N30 Billion in the ongoing unlawful demolition suit filed by Incorporated Trustees of Masallacin Eid Shop Owners and Traders Against Kano State Government.

The payment is a condition set by the court before granting a motion filed by the Judgement Debtors/Applicants.

The motion seeks a stay of execution of the court’s previous judgment delivered on 29th September, 2023.

Read Also: Demolition: Court Warns Kano Commissioner of Consequences for Disobeying Court Order

The judgment had ordered the Kano State Government to pay the Incorporated Trustees of Masallacin Eid Shop Owners the same amount for the unlawful demolition of their shops without following proper legal procedures.

Justice Samuel Amobeda, the presiding judge, has conditionally ruled that the sum of N30 Billion be deposited in the Court Bank Account within seven days, pending the outcome of the appeal process.

It was reported that the Commissioner of Works for Kano State, Mr. Marwan Ahmed, had continued to tamper with the properties despite the court’s judgment, leading to a notice of consequences being issued by Justice Amobeda against Mr. Ahmed.

The notice warned of potential contempt and imprisonment if the order was not followed.

Furthermore, it was revealed that the Kano State Government had sought a motion on notice for a stay of execution of the earlier judgment, pending the decision of the Court of Appeal.

In response, Justice Samuel Amobeda granted the motion with the condition that the Kano State Government pay the sum of N30 Billion.

The court ordered the funds to be deposited in the Court Account within seven days.

The court’s orders stated that the execution of the judgment from suit number FHC/KN/Cs/208/2023, involving the Incorporated Trustees of Masallacin Eid Shop Owners and Traders Association, shall be stayed pending the appeal’s determination.

The judgment debtors/applicants were instructed to pay the N30 Billion judgment sum into the Court’s interest-yielding account within the specified timeline.

The details of the account were directed to be obtained from the Deputy Chief Registrar of the Court.

Read Also: Demolition: Court Warns Kano Commissioner of Consequences for Disobeying Court Order

The deposited sum, along with accruing interests and after deducting administrative charges, will be paid to the party who succeeds in the appeal, as determined by the Deputy Chief Registrar of the Court.

In response to the court proceedings earlier, the Kano State Attorney General and Commissioner for Justice, Isah Haruna Dederi, maintained that the case revolves around the ownership of the properties. He argued that the entire lands belong to the Kano State Government.

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