Court restrains Gov. El-Rufai from demolishing 2 communities in Kaduna

The plan of Governor Nasir El-Rufai-led administration to demolish over 2,000 houses in Nisi and Tasu communities in Chikun local government area of Kaduna State has been put on hold by a Kaduna State High Court presided over by Justice Binta Zubairu.

Justice Binta Zubairu restrained Governor Nasir El-Rufai or any government agency from demolishing the houses.

The two communities with over 2,000 houses and a population of about 10,000, Churches and schools, had received a demolition notice from the Kaduna State Urban Planning and Development Authority, KASUPDA, on 7th February, 2020.

The Director Central of KASUPDA, Ismail Umaru Dikko, who signed the demolition notice and pasted on all affected properties said, “It has come to the notice of the authority that you have encroached into an industrial layout and illegally developed a piece of land without obtaining necessary approval.
 

“The action of yours is a contravention of the above mentioned law. In view of the above, you are hereby given 21 days to remove the structure and vacate the site. Failure to comply with the above, the authority will be left with no option than to demolish the structure at your expense in accordance with section 60 (2) of the Kaduna state urban planning law of 2018.”

Following this development, the communities approached the Court through their team of lawyers, led by Sam Atung Esq and sought among other things restraining order stopping the demolition of the two communities by the state government.

Granting their prayers, Justice Binta Zubairu said, “An order of interim injunction is hereby granted restraining the defedant/respondent jointly and severely whether acting by themselves, officials, workmen etc and or whosoever or whosoever from demolishing, pulling down or interfering in whatever manner with the plaintiff/applicants possession and interest in their houses lying and situated at Nisi and Tasu villages in Chikun local government area of Kaduna state pending and determination of motion on notice.”

While briefing newsmen shortly after the case was adjourned till 30th March, Barrister Atung said some houses have their building approvals by relevant government authorities in the state, pointing out that one of the house in Nisi village is also covered with Certificate of Occupancy.

Barrister Atung explained, “The experts order which was granted last week 28th February, 2020 ought to have elapsed today but has been extended to the next adjourned date of 30th March, 2020.”

Spokesman to the two communities, Stephen Charles told newsmen that a Warrant Officer Ndako Dauda, red., died shortly after the demolition notice was pasted, while a pharmacist whose name he could not ascertain has been hospitalized following a rise in his blood pressure as a result of the demolition notice.