From Desmond Mgboh, Kano
The Kano State government, on Wednesday, insisted that the garnishee order issued against it was secured under fraudulent circumstances, insisting that they would continue to operate their accounts despite the order.
Speaking in Kano, the Attorney General of the state, Isa Haruna Dederi explained that there was no way a court of concurrent jurisdiction could sit on a case of a similar court or on a case that had since been appealed, insisting that they had filed an appeal against the N30 billion judgment entered against them in favour of Incorporated Trustees of Masallanchi Eid Shop Owners.
He held that the Abuja judgment was outside the jurisdiction of the court adding that a Federal High Court lacked the jurisdiction to hear the particular case given that it centered around the ownership of a property.
He noted that the state government had filed an appeal seeking a stay of execution of the judgment, adding that the court of appeal had set out a day for the hearing of the motion.
He insisted that the demolition of the structures were in line with the provisions of the Land Use Act while adding that the action was carried out in the overriding interests of the public.
It could be recalled that a Federal High courtsitting in Abuja had last week issued a garnishee order freezing the accounts of the state government to the tune of N30 billion in 24 banks.
The order was sequel to an ex parte motion dated October 10th and filed by Incorporated Trustees of Masallacin Eid Shop Owners and 55 others.
The order, according to court papers, was in satisfaction of an earlier judgment of a Federal High Court sitting in Kano and presided by Justice S A Amobeda which had previously ordered the state government to pay the Incorporated Trustees of Masallacin Eid Shop Owners and 55 others the sum of N30 billion for the unlawful demolition of their shops
Justice Ekwo had granted the sum of N2 million as the cost of the garnishee proceedings as well as ordered the garnishees to appear before it on the 18th of January 2024 to show cause ,if any, why the order nisi should not be made absolute against them .
The judge also ordered the Judgement Creditors to serve the defendants and the garnishee (affected banking institutions ) at least 14 days before the date of the next hearing.
The case was adjourned to January 18, 2024.