A High Court in Kaduna has nullified the revocation of the Certificate of Occupancy (C of O) of Durbar Hotel by the Kaduna State Governor, Nasir El-Rufai, as reported by Hallmark. In January 2020, the governor demolished the hotel, which belonged to the family of the late Head of State, General Sani Abacha, and revoked its C of O while the case was still pending in court.
The Abacha family, through their counsel, Dr. Reuben Atabo, challenged the governor and three others at the Kaduna High Court presided over by Justice Hannatu Balogun for the “illegal demolition” of the hotel and revocation of its C of O. Joined in the suit with the Kaduna governor were the Attorney-General and Commissioner for Justice of Kaduna State, the Kaduna State Urban Planning and Development Agency, and the Kaduna State Geographic and Information Service.
In a recent hearing, the lead counsel to the Abacha family, E.D Izu Esq, moved an application supported by a nine-paragraph affidavit, annexes, and a written address in support of the application. The counsel prayed for “an order setting aside and/or nullifying the revocation of the title of the Plaintiff/Applicant on the 24 day of January 2020 by the Defendants/ Respondents but received on the 29/1/2020 during the pendency of the action.”
Justice Hannatu Balogun granted the plaintiff's motion and nullified the purported notice of revocation of Certificate of Occupancy No. 177789 in respect of Durbar Hotel and nullified 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. She ordered that the status quo antebellum, i.e., the state of things before the commencement of this action, be maintained by all parties.
The judge ruled that "The Supreme Court and indeed 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." She also stated that the defendants had not shown bona fide and had not denied the fact that there is tampering of the res by them or others at their instance.
The ruling has been seen as a victory for the Abacha family, who have been in a legal battle with the Kaduna State Government over the ownership of the Durbar Hotel. The family had accused the government of unlawfully revoking the hotel's C of O and demolishing it without due process. With this recent judgment, the family can now take possession of the hotel, and the state government may be liable for damages.
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