A Kano State high court has delivered a significant judgment, awarding N8.5 billion in damages against the state government for the demolition of properties in 2023.
The court ruled that Lamash Properties Limited, the owner of the demolished buildings, is entitled to the hefty compensation.
The judgment comes after a lawsuit was filed against Governor Abba Kabir Yusuf and the Kano State Government for demolishing the properties in June 2023.
Governor Yusuf, who personally led a demolition exercise in the city, believed the buildings were illegally erected on government land.
In his ruling on Wednesday, Justice Sunusi Ma’aji sided with Lamash Properties Limited, emphasizing that the demolition was unjustified.
The court also ordered an additional N10 million to be paid to the plaintiff to cover the cost of filing the case.
The buildings, which were demolished under Governor Yusuf’s instructions, were part of an agreement between Lamash Properties and the Kano State Government during the tenure of former Governor Abdullahi Ganduje.
Lamash Properties argued that they had legally obtained the property and had a valid contract with the state government to develop the site.
The court agreed with Lamash’s position, ruling that the agreement was enforceable and valid.
Justice Ma’aji stated that since the buildings could not be restored, the monetary value of the destroyed property should be paid to the plaintiff.
Following the judgment, the defendants, including the Kano State Government and Governor Yusuf, expressed dissatisfaction with the ruling.
Ibrahim Wangida, representing the state, raised concerns about the court proceedings, claiming that they were not properly served with the hearing notice.
Wangida explained that the defense team had filed a preliminary objection and had been waiting for the opportunity to present their motion, but the court had proceeded without notifying them.
“This is strange,” Wangida said. “We were not aware of the date, and the notice was allegedly served to someone who was not even part of the case.”
Despite these objections, the court proceeded with delivering its judgment, ruling in favor of Lamash Properties.
The case has sparked public debate, with some people supporting Governor Yusuf’s actions and others criticizing the demolition.
Governor Yusuf had argued that the demolitions were part of his efforts to sanitize the city and remove illegal structures.
However, critics have pointed out the heavy financial cost to the government, with the court now ordering an enormous sum in damages.
The demolition in June 2023 was not the first of its kind. In September 2023, the government was hit with another legal setback when a Federal High Court ordered N30 billion in damages for the destruction of structures at Kofar Mata Eid Ground.
Both demolitions have sparked debates over the balance between urban development and the rights of property owners.
Justice Ma’aji’s decision in this latest case underscores the need for due process in the execution of government policies.
It also serves as a reminder of the legal consequences that may follow government actions that fail to respect existing agreements and property rights.
In light of this ruling, the Kano State Government now faces a heavy financial burden.
This judgment could have wider implications for future government demolition exercises in the state.
For Lamash Properties, the legal battle has finally yielded a significant financial victory.
The ruling sets a precedent for property owners who feel their rights have been violated in similar situations.
Governor Yusuf’s demolition campaign, though lauded by some for its intention to clear illegal structures, now faces legal challenges that will likely shape the future of urban planning in Kano.
The N8.5 billion award is a stark reminder of the legal costs governments may incur when failing to follow proper procedures in demolition exercises.