THE Kaduna State High Court has nullified Governor Nasir el-Rufai’s revocation of the Certificate of Occupancy (C-of-O) of Durbar Hotel, belonging to the family of a former Nigerian military dictator, the late General Sani Abacha.
The Kaduna State Government had in 2020, demolished Durbar Hotel and revoked the C-of-O which led to a legal tussle between the government and the Abacha family.
The counsel to the Abacha family, Reuben Atabo, a Senior Advocate of Nigeria (SAN), had filed a case against Governor el-Rufai and three others at the Kaduna State High Court, and accused the government of unlawful demolition of the property and revocation of the C-of-O.
Those joined in the suit are Governor el-Rufai, the Attorney General and Commissioner for Justice of Kaduna State, Kaduna State Urban Planning and Development Agency, as well as Kaduna State Geographic and Information Service.
Atabo SAN, pursuant to Order 15 Rules 1 of the Kaduna State High Court (Civil Procedure) Rules 2007 and under the inherent jurisdiction of the court, dated and filed on 17th December, 2020, prayed for an order setting aside and/or nullifying the purported notice of revocation of C-of-O No. 177789 of the hotel.
He also prayed for an order setting aside and/or nullifying the revocation of the title of the plaintiff/applicant on 24th January, 2020 by the defendants/respondents but received on 29 of January 2020 during the pendency of the action.
The Abacha family also prayed for an order to maintain status quo prior to the commencement of this action, and for other orders the court may find fit to make.
Delivering the ruling on Tuesday, the presiding judge, Justice Hannatu Balogun, stated that “having heard both counsel, the oral application to stay hearing of the motion dated 17th December, 2020 and filed on the same date cannot be granted because the matter in the Court of Appeal is an appeal against the grant of leave to amend the plaintiffs’ processes.
“There is currently no stay of proceedings in this court, and the defendants appear not to be diligent in prosecuting their appeal while at the same time, they continue to disobey the orders of this court and also are trying to do acts that will prejudice the other side. The duty of this Court is to ensure that there is a level playing ground for all parties.
“In the circumstance, the application to stay proceedings or adjourning this matter cannot be granted in the interest of justice and fairness. It is accordingly refused, and the business of the day shall proceed.
“I have considered the application to adjourn this matter made again after the motion has been moved, and I agree with the plaintiffs’ counsel that the defendants have not shown bona fide. They have not denied the fact that there is tampering of the rest by them or others at their instance.
“In the circumstance, since the application has bearing on the rest and the defendants have not deemed it fit to respond to the motion for over two years, there is nothing to show that the interest of justice will be achieved by an adjournment of this matter. The application for adjournment is accordingly refused.
“Having considered the plaintiffs motion of 17/12/2020 which is uncontested, I am of the view that the application has merit in view of the grounds of the application, the unchallenged affidavit and the exhibits annexed.
“The Supreme Court and in deed all courts of the land have decried the use of self-help by litigants. It is the duty of the courts to provide a level playing field for all parties and not allow any side to use the judicial system side by side with self-help to the disadvantage of the other.
“On the whole, I grant the plaintiff’s motion dated 17/12/2020 and nullify the purported Notice of revocation of Certificate of Occupancy No. 177789 in respect of Durbar Hotel and nullifying the revocation of the Plaintiff’s title made on the 24/01/2020 and received on the 29/1/2020 during the pendency of this action. The status quo antebellum i.e. prior to commencement of this action shall be maintained by all parties, Mrs Balogun ruled.
Justice Hannatu Balogun adjourned the case to July 4, 2023.
