A Kaduna State High Court presided over by Justice Binta Zubairu has granted a restraining order against Governor Nasir el-Rufai or any government agent from demolishing over 2,000 houses in Nisi and Tasu communities of Chikun Local Government Area of the State.
Daily Trust gathered that the two communities have over 2,000 houses with a population of over 10,000, 25 churches and 14 schools.
The Kaduna State Urban Planning and Development Authority (KASUPDA) had issued a demolition notice dated 07/02/2020 under the Kaduna State Urban and Regional Planning Law No.31 of 2018 to the residents of the communities.
The notice, which was signed by the Director General of KASUPDA, Ismai’l Umaru Dikko, and pasted on all affected property, indicated that, “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”.
Not comfortable with the notice, members of the communities approached the court through their team of lawyers led by Sam Atung and sought among others, a restraining order stopping the demolition.
Justice Zubairu granted their prayers, saying, “An order of interim injunction is hereby granted restraining the defendant /respondent jointly and severally whether acting by themselves, officials, workmen, etc. and or whosoever or howsoever from demolishing, pulling down or interfering in whatever manner with the plaintiff/applicants possession and interest in their houses lying and situate at Nisi and Tasu villages in Chikun LGA of Kaduna State pending the hearing and determination of motion on notice.”
Barr. Atung told newsmen shortly after the case was adjourned to March 30, 2020, that some of the houses had their building approvals from relevant government authorities in the state, and stressed that one of the houses in Nisi was also covered with Certificate of Occupancy (CofO).
He added that, “The exparte order which was granted last week, 28th February, 2020, ought to have elapsed but has been extended to the next adjourned date of 30th March, 2020.
Spokesperson of the two communities, Stephen Charles, equally told newsmen that Warrant Officer Ndako Dauda (Rtd.) died shortly after the notice was pasted, and that a pharmacist, had been hospitalised for High Blood Pressure (HBP) as a result of the notice.
Meanwhile, Counsel to the state government, S.J. Madaki, who requested for the adjournment, could not be reached for comments.
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