A team of lawyers has written a letter to the Speaker of the Kaduna State House of Assembly, Yusuf Zailani, over alleged plan by the state government to demolish some properties of their clients.
The lawyers, in the open letter signed by I.A. Ishaq, also include M.D Abubakar, H.G. Magashi and Dr Y.S. Uthman.
The letter is titled: “Unconstitutional, Illegal, Wrongful, Mischievous and Undesirable Demolition of Valuable Immovable Properties by the Forever Outgoing Governor of Kaduna State, Nasiru Ahmed El-Rufai: Request for Quick Intervention of the House and Serious Caution to Avert Likely Breach of Peace of the Good People of Kaduna State.”
The lawyers, who said they wrote the letter on behalf of nine of their clients, also copied the National Assembly; Director General, Department of State Security Service; Inspector General of Police; Grand Officer Commander,
Nigerian Army Headquarters 1 Division, Kaduna; Director,
Department of State Security Services (DSS), Kaduna State Command and Commissioner of Police (CP), Kaduna State Police Command.
Others include the United Nations on Human Right Protection; African Union on Human Right Protection; Amnesty International; National Human Right Commission; local and international human right organisations; Freedom for Humanity International Foundation; Sahara Reporters and Nigerian Union of Journalists.
It reads: “Our office is one of the law chambers of Barristers and Solicitors of the Supreme Court of Nigeria briefed by the respective owners of the landed properties widely spread in Kaduna metropolis and indeed in all the local government headquarters of Kaduna State of Nigeria including their town, villages and wards and we have their instruction to address to you their grievance through this medium to avert a likely outbreak of peace lof the good people of Kaduna State and environs.
“For the purposes of accuracy, clarity and precision the names of our clients are: IMAM SADIQ ACADEMY LTD; TAHFIZ FUDIYYA ZARIA (LTD); FUDIYYA NURSERY AND PRIMARY SCHOOLS RIGASA; SIDDIQA MODEL ACADEMY LTD; THE FAMILY OF LATE ALH.HAMID DANLAMI ZARIA, SAMINU KUSA MOHAMMED; AHMAD ABUBAKAR; HARUNA DAN FULANI UNGUWAN MU’AZU and the SUHADA’U FOUNDATION (LTD) whom we hereinafter refer to as ‘Our Clients’.
“We are informed by our clients that they own landed properties widely spread in Kaduna state wherein buildings were erected on most or all of them.
“The said buildings comprise of Schools, Hospitals, Sachet water plants and numerous other investments for the general welfare and wellbeing of the Muslim community and citizens of Kaduna State were erected.
“For the purposes of emphasis, the Honourable Speaker Sir, five of our clients out of the nine are persons corporate with power to own landed properties anywhere in Nigeria with also the power and Legal capacity to sue and be sued in their corporate names and a common seal.
” It is a trite company Law and practice that the company is itself a different entity entirely from its Directors and subscribers, and, come what may, the Legal liability of the company is different from that of its Members, Shareholders and Directors. The other persons in the list of our clients are natural persons whose respective lands were allocated in their names. We hereby attach relevant documents for the Honourable Speaker’s Comprehension and appreciation of the subject matter.
“It is also the information of our clients which we verily believe to be true and nothing but the true that the contents of a certain document dated the 20th April, 2023 and with reference no: PS/DFF/7A/21/338 authored by one Ismail Umaru Dikko which was addressed to the Principal Private Secretary (PPS) of the Kaduna State Government House, Sir Kashim Ibrahim way Kaduna through the Honourable Commissioner, Ministry of Housing and Urban Development were brought to their knowledge even though the letters were not personally served on them , but for the fact that it was received by the Ministry of Housing and Urban Development, it therefore becomes a public document had course to know it’s contests.
“And the contents are that some properties were listed for demolition and under number one thereof, certain properties “Across the state” was stipulated even though the alleged properties “Across the state” were not listed.
“Again Sir, the reason for the demolition of the properties “Across the state” as indicted in the letter is “Banned Islamic Movement of Nigeria(IMN)”. We wish to categorically State here, without mincing words nor fear of contradiction that both the words “Across the state” and “Banned Islamic Movement of
Nigeria” are vague statements and indeed very ambiguous.
“Our clients are proponents of the shi’a ideology and hence are of the Shia Muslim community in Kaduna State but not under a purportedly “Banned Islamic Movement in
Nigeria (IMN)”.
“We have the instruction of our clients to bring to your knowledge that Nasiru Ahmed El- rufa’i whose script and agenda KASUPDA is executing knows it clearly that the phrase and nomenclature Islamic Movement of Nigeria(IMN)is fictitious but because it is always better to give a dog a bad name in order to hang it, that is why Nasiru painted our clients in a bad shape in order to justify his atrocities and mayhem on their properties knowing fully that there is no any Muslim group in Nigeria with such description and nomenclature, so much for it to own a property, landed or otherwise in Kaduna State.
“It is the further information of our clients which we have no course to disbelieve that, when they got the above information of the wanton destruction of their properties under the guise of the purportedly banned Islamic Movement of Nigeria, they directly join hands in filing suit before the High Court of Kaduna State under a representative capacity for and on behalf of the entire Shia Muslim community of Kaduna State who are the direct beneficiaries of our client’s kind gesture and investment. The case is Suit No. KDH/KAD/Z/276/23 (See processes attached). In the said suit Sir, our clients are seeking for a perpetual injunction (among other reliefs) restraining the Defendants Nasiru Ahmed El-rufai, the Kaduna State Government, the Ministry of Housing and Urban Development, the Kaduna State Urban planning and Development Authority ( KASUPDA )and the Director-General KASUPDA, Ismai’l Umaru Dikko from carrying out their inimical, barbaric and primordial destruction and demolition of our client’s landed property. It may interest the speaker to know that, our clients are law abiding citizens of Nigeria and as such are entitled to the full flavor of their Fundamp0pdr4ental Right under the Constitution of the Federal Republic of Nigeria 1999 (as amended) and this is with particular emphasis to the dual Rights to Freedom of Association and Property.
“At this juncture, we would like to draw the attention of the Honourable Speaker of the House, that the El-rufai led administration has actually been committing atrocities against the Shi’a Community to which our clients belong in Kaduna State since 2015 when he assumed office, and if not that our clients are people of good character, attribute, peace and harmony, they would have resorted to violence by now. However, with the current situation on ground, if the
“Honourable Speaker and the House does not take a drastic action to address the issue of this unwanted, unwarranted and undesirable wanton destruction of our client’s properties, our clients would be compelled to resort to other solutions which may not be necessary favourable to the harmonious and peaceful co-existence of the good people of Kaduna State.
“It may also interest the speaker to know that section 60 of the KASUPDA Law itself, does not give Nasiru the powers to do as his doing currently but only gives KASUPDA powers to demolish illegal structures that do not comply with the requirement of the law as to acquisition, no more no less.
“Therefore we make bold without any fear contradiction the reason for the demolition of our client’s properties by Nasiru El-rufai is not captured under the KASUPDA law itself but rather acquiesced and manipulated by he Nasiru Ahmed El-rufa’i in accordance to his whims, caprices, ill motive and self agrandizement. This informs our choice of words – mischievous, unconstitutional, Illegal, Unlawful, wrongful and this is to say the least, very unfortunate and unbecoming of a democratically elected Governor of a State.
“It is for this reason and numerous others not mentioned that we have the instructions of our clients to address their grievances through your good office as the Honourable Speaker of the Kaduna State House of Assembly the arm of government that serves as a Check on the ill acquired authority and powers of Nasiru Ahmed El-rufa’i who will be quitting office FOREVER as the Executive Governor of Kaduna State come 29th May, 2023 which is just by the door side. It is rather unfortunate that destruction of our client’s properties have already started in Rigasa,Tudun Nupawa, Maraban Jos and other part of Kaduna and Zaria metropolis contrary to even the notice that KASUPDA gave of commencing demolition on the 30th of May, 2023. See recent photographs of destruction meted on our client’s properties on the nights of 20th, 21st and 22nd of May, 2023, and he most likely to continue his destruction as 48 landed properties were earmarked for the said demolition.
“Let history, prudence, good judgment and service to humanity prove you well after leaving office as one who observed the independence of the legislature in Kaduna State and succeeded in averting a solidified and articulated outbreak of violence willfully, willingly and self heartedly orchestrated as by El-rufa’i and his bad governance and misrule. Let history also judge you well as someone who refuse to dance to the tune of Nasiru Ahmed El-rufa’i such that you will not justify the popular English saying that: birds of the same feathers always fly together!
“We remain, while anticipating the Honourable Speakers quick intervention in this regard.
Thank you.*
Follow The Eagle Online Channel on WhatsApp
