21st August, 2015
Femi Adi/Kaduna
Kaduna High Court has granted an order stopping Kaduna State government or its agencies from demolishing buildings along Constitution Road that have been marked by Kaduna State Urban Planning and Development Authority, KASUPDA, and other agencies for demolition.
The court injunction was sequel to the two weeks quit notice served to the owners of the marked buildings along Constitution Road, which was dated 5th August, 2015 and signed by the Interim Chairman, Kaduna North Local government, Wing Commander Ahmed Kurfi.
In the suit No: KDH/KAD/325/2015 signed by the registrar Kaduna High Court, judicial division, Andrew Buki, it stated that “the instant motion ex parte seeks the relief set out on the face of the motion papers, the terms of which portray an imminent threat to the statutory right of occupancy guaranteed under relevant order of fundamental rights of enforcement procedure rule 1999.”
It also stated that the order restrains Kaduna State Government, Kaduna North Local Government and KASUPDA, either by themselves, or through their employees, staff, servants, agents, proxies from demolishing or destroying the marked buildings owned by the applicants on Constitution Road.
According to the court order, pending the determination of the suit filed in court against the demolition of the marked houses before Justice B.U. Sukola, the status quo should remain.
“Having gone through the supporting affidavit and written addresses dated 13 August, 2015, I am satisfied that the applicants (owners of the marked buildings ) are faced with real urgency deserving the intervention of the court.”
It was against this background that Justice Sukola in the suit stated: “I find merit in the said motion ex parte and accordingly grant the reliefs sought against the demolition.”
In an interview with Barrister John Achimugu, counsel to owners of the buildings on Constitution Road already marked for demolition, he said it was illegal for the state government or any of its agencies to demolish buildings with Certificate of Occupancy when right of occupancy is still subsisting.
According to him, the issue a quit notice or demolition is inconsistent with the statutory right of occupancy based on section 43 and 44 of the 1999 Constitution of the Federal Republic as a amended.
Achimugu also asserted that the owners o the affected buildings have right to own and acquire property and exclusive right of possession to the plots subject to the granting of statutory right of occupancy.
While questioning the rationale behind issuing a certificate of occupancy and obtaining relevant permit to develop, he said there is no justification for demolishing the buildings, particularly that the structures in question are legally acquired and built.
He urged the state government and other agencies to obey the court order in the interest of peace and development.