Kaduna State high court presided over by Justice Edward Andow has asked the state Governor, Nasir El-rufai, to reinstate 4,600 shop owners back to Kasuwar barci and pay them compensation for demolishing their shops in 2017.
The plaintiffs had filed a suit before the High Court on May 9, 2017, when the state government gave 10 days’ notice to vacate their shops.
Dissatisfied by the action of the state government, the (plaintiff) shop owners approached the court to interpret the extent of the powers of the state government over the markets.
Back by proofs of ownership the aggrieved traders also want the court to interpret the action of the state government who hurriedly despite an injunction order for parties to maintain the status quo issued an obscure quit notice to the occupants of the market and went ahead to demolish their shops.
In his ruling, Justice Edward Andow ruled that the Kaduna State government breached the constitutional provision vesting the creation and operation of markets in the Local Government by usurping the clear powers and functions of the third Tier of government.
He maintained that the state government lacks the powers to do what it did, saying, “it should immediately reinstate the 4,600 shop owners back to their shops and pay adequate compensation to them for their losses.
Reacting to the judgement, the Chairman, Shop Owners Association of the Kasuwar Barci Market, Alhaji Abdullahi Kaya -Kaya praised the court for the judgment.
“As shop owners, up until the time Kasuwan barci market is being demolished, we are up to date with revenue payment.
“Kasuwan barci is a market that is fully managed by shop owners because all the shops in the market are built by individuals unlike the Ceceniya, Abubakar Gumi and Veterinary markets that were built and leased out by the Kaduna state government.”
“Recall that in 1992, Governor Tanko Ayuba allocated the market land to us after it was burnt down the same year”.
“Governor Ayuba allocated the same land to Kasuwan Barci, backed with a document with the condition that, shops will be properly built by a building permit and an architectural plan to avoid fire incidents” he further narrated.
Alhaji Kaya-Kaya said, “it is our prayer that the Kaduna state government will respect this judgement by reinstating us back into the market and compensate us accordingly, especially because, many shop owners have died, some are just idle, while a few have relocated to other towns due to the demolition.”
REL/FATIMA UMAR