Garnishing Order : We Still Operate Our Accounts, KNSG
The Kano State Government, says the Garnishing Order Obtained by the Victims of Filin Masallaci Obtained from Abuja Court, was nothing but a fraudulent order, as the Government still operates it’s Accounts.
The State Attorney General and Commissioner for Justice, Haruna Isa Dederi, stated this during an interview with journalist in Kano.
He said there was no way Court of same jurisdictions, could even sit on a case it has decided on and which was since Appealed against.
Attorney General said it was on notice, that the Kano State Government had filed an appeal against the N30 Billion punitive and compensation judgment handed down by Justice Simon Amobeda of the Federal High Court in Kano.
The judgment which was in favor of the Incorporated Trustees of Masallacin Eid Shop Owners and Traders.
Dederi wonder how can same Court of the same juridictions would gives a Judgement in Kano.
“a judgement that was even done out of jurisdiction of the Court”, and which was also appealed against, and another similar Court to issued another order on the same matter.
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Dederi, 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 proceeding were transmitted to the Appeal Court.
He said even before the appeal the government, had filed a motion seeking a stay of execution pending appeal, so how can same even sits on same case.
He confirmed that the record of the Federal High Court proceedings had already been transmitted to the Court of Appeal.
The Attorney General also disclosed that the Court of Appeal has scheduled the hearing of the motion on stay of execution for 4th December.
He stressed that it would be futile for the Federal High Court to make any orders on the issue, as the case is pending before the appeal court and it would be akin to a court sitting in appeal on its own judgment.
Dederi reiterated that the Kano State Government’s actions are supported by the provisions of the Land Use Act, which empowers the government to grant and revoke land.
He emphasized that the demolition of the properties was carried out in the overriding public interest.
It should be noted that Justice Simon Amobeda had previously ordered the Kano State Government to pay the sum of N30 Billion as compensation to the Incorporated Trustees of Masallacin Eid Shop Owners and Traders
