The Kano State Government, on Wednesday, described as fraudulent a garnishee order nisi of the Federal High Court that froze its account in 20 commercial banks in the country, saying the government still operates all its bank accounts.
Recall that Alhaji Awalu Sai’du, Ifeanyi Nwobodo, Alhaji Sani Uba, Alhaji Abdullahi A. Idris, and 25 others had sued the Kano State Government, demanding N30bn as damages for the demolition of their property.
Justice I.E. Ekwo of the Federal High Court had granted the order in a suit filed by Incorporated Trustees of Masalachi Eid shop owners and Traders Association over demolition of their shops which they described as an illegal action carried out by the state in June 2023.
But the state Attorney General and Commissioner for Justice, Haruna Dederi, who made the clarification while speaking to newsmen on Wednesday, wondered how the same court of the same jurisdictions would give a judgement in Kano, “a judgment that was even done out of jurisdiction of the court,” and which was also appealed against, and a similar court to issue another order on the same matter.
He said it was on notice that the Kano State Government had filed an appeal against the N30bn ‘punitive and compensation judgment’ handed down by Justice Simon Amobeda of the Federal High Court in Kano.
“Even before the appeal, the government had filed a motion seeking a stay of execution pending appeal.So, how can the same court even sit on the same case?” Dederi said.
He 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 proceedings were transmitted to the appeal court.
The commissioner stressed that it would be futile for the Federal High Court to make any order on the issue, as the case was pending before the appeal court and it would be akin to a court sitting in appeal on its own judgment.
