A higher federal court in Abuja ordered the Kano state government and the inspector general of police to immediately vacate the facilities of a rice processing factory, Tiamin Rice Limited, in the state of Kano.
The presiding judge, Judge Okon Abang, issued the order on May 4, 2020, in a court case provided for in Form 48 of Order IX Rule 13, which limits the notification of consequence of disobedience to the court order.
In the certified copy of the order seen by our correspondent, Judge Abang ordered the inspector general of police; Commissioner of Police, State of Kano; The Kano State government, as well as the Nigerian Security and Civil Defense Corps (NSCDC), which were listed as first to fourth respondents, respectively, to immediately seal the rice processing plant or be subject to imprisonment.
The court in its decision considered that it was satisfied that respondents had been duly attended to in all court cases, as well as the court order that ordered them to appear before him on April 27, 2020, but “they did not appear before the court. court and offered no reason to be absent in court. "
In considering the reliefs of the claimants (Tiamin Rice Limited, Tiamin Multi Service Global Limited and Alhaji Aliyu Ali Ibrahim, who are the first to third candidates respectively), contained in the initial notification motion of April 20, 2020, Judge Abang stated that “O Candidates are owners and legal occupants of their properties located at C14, AA Shehu House, Amana City, Zaria Road, Kano and are entitled to own properties and enjoy peaceful occupation, possession and use, including the right of entry and exit of that property. , as guaranteed by the 1999 Nigeria constitution (amended). "
In addition, the court found that the sealing of the commercial facilities of the claimants' rice processing plant and the consequent denial of legal access without any order from the competent court supporting that denial of access constitutes a violation of the fundamental rights of claimants guaranteed by the Nigerian constitution and therefore "illegal and unconstitutional".
“The continuous closing of the 1st applicant's premises or the restriction of movement by the 3rd respondent through its agents is illegal, unconstitutional and constitutes a violation of the candidate's fundamental right to human dignity, the right to personal freedom and the right to guaranteed freedom of movement by sections 34, 35 and 41 of the constitution and articles 5, 6 and 12 (1) of the African Charter on the Human and Peoples' Law Act.
“The 1st and 4th interviewees, together and / or individually by themselves, their agents, employees, agents (s), detectives, officers (s) or whatever the name is called, will immediately unlock, take possession and unconditionally place the applicant's rice factory.
“The attorney general and the commissioner of justice Kano State, being an agent of the Kano state government, the third debtor of sentence in this document must immediately guarantee the fulfillment of the instantaneous standing trial order of this court”, maintained the judge.
Consequently, Judge Abang considered the sum of N300,000.00 as a cost in favor of the claimants / creditors paying by the defendants / debtors before taking any action in the process.