A Kaduna State High Court presided over by Justice Binta Zubairu has granted a restraining order against Governor Nasir El-Rufai or any government agents from demolishing over 2,000 houses in Nisi and Tasu communities of Chikun local government area of Kaduna 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 demolishing 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 demolition notice which was signed by the Director Central of KASUPDA Ismai’l Umaru Dikko and posted on all affected property stated 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 planing law of 2018”.
The communities approached the court through their team of lawyers led by Sam Atung Esq and sought among others a restraining order stopping the demolition.
Justice Zubairu in her wisdom granted their prayers, “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”.
Barrister Atung told newsmen shortly after the case was adjourned till 30th March that some of the houses have their building approvals by relevant government authorities in the state, stressing that one of the house in Nisi village is also covered with Certificate of occupancy.
“The exparte 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,” Atung disclosed.
Spokesperson of the two communities, Stephen Charles equally told newsmen that Warrant Officer Ndako Dauda (Retired) died shortly after the demolition notice was pasted while a pharmacist whose name he could not ascertained has been hospitalized also following a rise in his blood pressure as a result of the demolition notice.
Meanwhile, counsel to the government S.J Madaki who requested for the adjournment could not be reached for comments.
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