By KEMI KASUMU
The Kano State Government, has said that the Garnishing Order by the victims of Filin Masalaci obtained from Abuja Court was nothing but a fraudulent order, as it still operates its accounts.
The State Attorney General and Commissioner for Justice, Barrister Haruna Isa Dederi, said there was no way court of same jurisdiction could even sit on a case it has decided on and which was since appealed against.
He said it was on notice that the Kano State Government had filed an appeal against the N30 billion punitive and compensation judgment handed down by Justice Simon Amobeda of the Federal High Court in Kano.
The judgment being appealed against was in favour of the Incorporated Trustees of Masallacin Eid Shop Owners and Traders.
Barrister Dederi wondered how same court of the same juridiction would give a judgement in Kano, “a judgement that was even done out of jurisdiction of the court”, and which was also appealed against, and another similar court issued another order on the same matter.
Barrister Dederi stated that they filed an appeal because the Federal High Court lacked jurisdiction to hear the case as it revolved around ownership of the property in the first place and all records of proceeding were transmitted to the Appeal Court.
He said even before the appeal, the government had filed a motion seeking a stay of execution pending appeal, so how can same court sit on the same case.
He confirmed that the record of the Federal High Court proceedings had already been transmitted to the Court of Appeal.
The Attorney General also stressed that it would be futile for the Federal High Court to make any order on the issue, as the case is pending before the appeal court and that it would be akin to a court sitting in appeal on its own judgment.
Barrister Dederi reiterated that the Kano State Government’s actions are supported by the provisions of the Land Use Act, which empowers the government to grant and revoke land.
He emphasized that the demolition of the properties was carried out in the overriding public interest.
It should be noted that Justice Simon Amobeda had previously ordered the Kano State Government to pay the sum of N30 billion as compensation to the Incorporated Trustees of Masallacin Eid Shop Owners and Traders.
