APC Vice Chairman withdraws suit on Demolished Kaduna Property:
The North West Zonal Vice Chairman of All Progressives Congress(APC), Alhaji Inuwa AbdulKadir has withdrawn the suit he had earlier filed against the Attorney General of Kaduna State and the Kaduna State Urban Development Agency(KASUPDA) over the demolition of a property located at No 11 Yakubu Avenue.
Justice Mohammed Tukur Aliyu of Kaduna High Court had earlier adjourned the case ,when it was mentioned on April 24, following Barrister Festus Okoye, Counsel of the plaintiff’s motion for adjournment in order to appraise the case ,because of new developments.
Barrister Okoye had argued that while a motion restraining KASUPDA from demolishing the said property was pending, the defendants mobilized bull dozers, mobile police officers and other security agencies to pull down the entire structure.
In the circumstance, Okoye had pleaded for an adjournment in view of the fact that the defendant has demolished the property, despite being aware of the pendency of the suit and the order seeking for injunctive relief.
Justice Aliyu had adjourned the matter to May 22.
Explaining why the suit was withdrawn, Barrister Okoye told our correspondent that the ‘’We don’t want to be caught in the web of abuse of court process.’’
According to him, the damage caused by the demolition is in the region of N120 million. ‘’In the suit in court, our claim was just for N3 million and an injunction and order compelling them to carry out their statutory duty of using approval for the building plan,’’ he added.
‘’Based on the new reality, we have served KASUPDA with a new 30-day pre-action notice. In the notice, we are claiming N120 millionin actual damages and N500 million in general damages,’’ Okoye clarified.
However, documents at KASUPDA also suggest that the owner of the demolished property whose name is in their file is Abubakar Bello Muhammad and not Alhaji Inuwa AbdulKadir.
According to the said documents, Abubakar had applied to KASUPDA for planning permission in 2006 and the agency requested him to forward clearance from the Federal Ministry of Lands that sold the property to him before the approval will be given.
However, the document show that Abubakar commenced development of the property without planning permission. In January, 2017, a Stop Work Order was issued but it was ignored.
From available records, the fence of the building was perforated as a warning signal, but work continued on the building. A demolition Notice was issued on February 15, 2017, the documents show.