Femi Adi/Kaduna

A Nigerian high court in the northern city of Kaduna, has granted an order stopping  Governor Nasir El-Rufai and his Kaduna State government or the agencies from demolishing buildings along Constitution Road.

The buildings have been marked by Kaduna State Urban  Planning and Development Authority,KASUPDA and other agencies for demolition.

El-Rufai: stopped by the court

The court injunction  was sequel to a two week quit notice served on the owners of the marked buildings.

The notice dated 5 August was signed by the Interim Chairman ,Kaduna North Local government,  Wing Commander Ahmed Kurfi

Following the challenge of the order in  suit No: KDH/KAD/325/2015, the Kaduna High Court ,granted the  exparte motion seeking  relief ”set out on the face of the motion papers , the terms of which portray an eminent threat to the statutory right of occupancy guaranteed under relevant order of fundamental rights of enforcement procedure rule 1999.”

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 of buildings owned by the applicants on Constitution Road, pending the determination of the substantive suit.

“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,” the court, presided over by Justice Sukola stated.

Barrister John Achimugu , counsel to the owners of the buildings said it is illegal for the state government or any of its agencies to demolish building with Certificate of Occupancy when right of occupancy is still subsisting.

Achimugu also sserted that the owners of  the affected buildings have right to own and acquire property and exclusive right of possession to the plots subject to grant of statutory right of occupancy.

He urged the state government and other agencies to obey the court order in the interest of peace.