4th January, 2024
By Maduabuchi Nmeribeh/Kano
Leaders of Masallacin Eid Shop Owners and Traders Association, on Thursday, said over 30 of their members lost their lives as a result of the demolition of their shops by the Kano state government.
Our Correspondent reports that the Association dragged Kano state government to court, claiming damages of N30 billion as compensation for the demolition of their shops at the Eid Ground.
However, through out-of-court settlement, an agreement was reached that the state government would pay N3 billion in three instalments.
Briefing journalists at Kano Press Centre, lawyer to the victims, Bar. Ma’aruf Muhammad Yakasai, said they have already received an alert of N1 billion for the demolition.
But they insisted that justice must be done to their members who died as a result of the demolition, including those who sustained varying degrees of injuries.
Bar. Yakasai read before journalists, a letter addressed to Kano State Commissioner of Police, entitled: “COMPLAINT OF CRIMINAL CONSPIRACY, THEFT, CRIMINAL MISAPPROPRIATION AND MISCHIEF CONTRARY TO SECTIONS 97, 286, 308 AND 326 OF THE PENAL CODE, LAWS OF KANO STATE OF NIGERIA, RESPECTIVELY, AGAINST ENGR. ENGR. RABI’U MUSA KWANKWASO, Dr. ABDULLAHI BAFFA BICH; H.E Engr. ABBA KABIR YUSUF AND Engr. MUHAMMAD DIGGOL AND Others.”
The letter dated January 3, 2024, was signed by Auwalu Sa’idu Umar, Chairman and Ibrahim Salisu Nyas, Secretary, of Masallacin Eid Shop Owners and Traders Association.
The letter reads: “The above-named Association is duly registered under Part C of the Companies and Allied Matters Act, 2020 as incorporated Trustees of Masallacin Eid Shop Owners and Traders Association (hereinafter called “the complainant”). Its members comprise of owners and traders occupying more than 6000 shops.
“We the members are only known as peaceful traders who only carry out lawful businesses within the area curved out from the Kofar Mata Eid-ground by Kano State Government and allocated to various individuals for commercial purposes.
“Shortly before the 2023 Gubernatorial election, some of the Suspects (more particularly the leader of the ruling party NNPP, Dr. Rabiu Musa Kwankwaso) were heard and seen physically and over the media repeatedly, stating unequivocally, that if his party won the election, they would demolish all the structures/shops (own by our members) at the Kofar Mata Eid-ground.
“Subsequently, NNPP emerged as the winner of the election, and His Excellency, Engr. Abba Kabir Yusuf was sworn in as the Governor of Kano State on the 29th day of May 2023. Unfortunately, even before cabinet members were nominated and appointed, H.E. Abba Kabir Yusif, formed a committee with the sole responsibility of carrying out the demolition exercise.
“The 5th day of May 2023 was the black day to the traders and owners of shops and thousands of people getting their means of livelihood in the area.
“At about 01:00 hours, after we all closed our shops and businesses, the democratically elected Government of Kano State, under the leadership of H.E Engr. Abba Kabir Yusuf, without any notice or opportunity for our members to park their goods and other movable properties, with no iota of sympathy, demolished the structures/shops in the area.
“Selfish individuals with criminal minds were also encouraged by the Government to loot our properties as the demolishing was ongoing. They described our properties as public properties and declared the same as free for all.
“Consequently, the suspects succeeded in destroying all the structures/shops/ goods and monies (cash) kept in some shops, rendering the victims helpless, poor, and jobless without any justification whatsoever. Some of the victims lost their lives, and some are now patients with different sicknesses, including the killer ‘stroke.’
“The victims’ orphans and children are left with no parental care and attention, many are rendered homeless; poor or no education, medical care, because breadwinners are either dead or have lost their means of livelihood. The total estimated value of the properties lost and destroyed is two hundred and sixty billion Naira (N260,000,000.00).
“Unfortunately, instead of receiving an apology from the state Government, the Government officially stated that “it has no regret over the demolition exercise”. Also, the leader of the party (Dr. Rabiu Musa Kwankwaso, added salt to the injury, and reminded us of his pre-election promise, to demolish our hard-own properties/shops.
“He further described our wealth as useless and proudly confirmed that he had fulfilled the promise. He added that he would have destroyed the structures even if it is over 1,000 stories.
“We know as a fact that the Government has the power to revoke any right of occupancy but only for overriding public interest. Also, a sufficient notice must be served and compensation paid before the revocation. These requirements were never satisfied by the Government, no attempt was made whatsoever. It is also against the Law to carry out such an operation in the middle of the night
“Dissatisfied with the act of the suspects, our client instituted an action seeking for the enforcement of their fundamental right to own property enshrined under Chapter 1V of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) before the Federal High Court in suit No. FHC/CS/208/2023 between the Incorporated Trustees of Masallacin Eid Shop Owners and Traders Association and Kano State Government & Ors.
“The Court has heard from both sides and having considered the extent of the damages over our lost properties, granted judgment in our favourzelices and in fact directed the Kano State Government under the leadership of the Suspects to pay punitive and exemplary damages toments to the tune of 30 billion Naira Only, and declared the demolition exercise as unconstitutional, illegal and contrary to the laid down laws.
“We the members of the Association have suffered from psychological trauma as a result of the unlawful acts of the Suspects either directly or indirectly, destruction and loss of their properties worth billions of Naira which were stolen in addition to loss of business and means of livelihoods.
“It is against the above background that we are appealing to your good office to cause a criminal investigation to be conducted in this case with a view to ensuring that justice is done to. We are asking your good office to conduct a thorough criminal investigation into the matter, especially concerning the offences against property and humanity, as some have passed on, some are sick as a result of the torture, and the rich are now poor.
“We need the criminal aspect to be investigated and the guilty to face the full wrath of the Law. We also urge your good self to consider and build on the judgment of the Federal High Court, Kano Division that described the action of the suspects as illegal, unconstitutional and barbaric.
“We are ready at the appropriate stage of the investigation to provide all the available evidence and records in our possession to support the allegations against the suspects. Please note further that the suspects have never denied the demolition.
‘Thank you in anticipation of your prompt response and action.”
(Leaders of Masallacin Eid Shop Owners and Traders Association briefing journalists at Kano Press Centre on Thursday)