Kaduna Traders Task Gov. El-Rufai To Respect Court Decision And Return Their 4,600 Stalls In Kasuwa Bacci

…As Court directs State Govt. to pay adequate compensation

Following the judgement of a High Court of Kaduna State against the Governor Nasir El-Rufai-led government over the demolition of shops at Kasuwan Bacci, the shop owners have tasked the State government to respect the decision of the Court.

The shop owners particularly said that the government being a democratic government must be seen to abide by the rule of law by ensuring that it respects the judgement of the Court by reinstating them back to the market as well as effect compensation as directed by the Court.

The affected shop owners said that some of the shop owners died as a result of the hardship inflicted on them with the demolition of their only source of livelihood just as some were forced to relocate to other towns due to the demolition.

A High Court of Kaduna State had on September 28, 2022, ruled that the Governor Nasir El-Rufai-led Government lacked the constitutional powers to unilaterally takeover the Kasuwan Bacci market in the way and manner it did.

The Court presided over by Justice A. Edward Andow which gave the ruling on September 28, 2022 also ruled that the Kaduna State government breached the provision of the constitutional that vests the creation and operation of markets in the Local Government Council by usurping and arrogating to itself the clear powers and function of the Local Government.

Accordingly, the Court ordered the payment of adequate compensation to be paid to each of the plaintiffs in the case instituted on May 9, 2017 and also directed that the ownership of the stalls be reinstated back to the Market.

The traders of the Kasuwan Barci and Raga markets all within the Kaduna metropolis following the action of the Kaduna State government approached the Court to interpret the extent of the powers of the State Government over markets in the state.

While the case was pending in Court with a subsisting injunction directing parties to maintain status quo, the Kaduna State Government hurriedly issued a quit notice to the occupants of the market stalls and went ahead to demolish the markets.

Specifically, the State government in 2017, issued the Kasuwan Barci shop owners with a 10 day vacation notice which prompted the owners of the market stalls to go back to the Court for redress.

Upon receipt of the vacation notice, the shop owners sought audience with Governor El-Rufai during which they pleaded with the Governor to either allow them build the shops themselves by using the authorized government building plan or give them another space to relocate pending when government would rebuild the shops since the Governor promised returning the shops to the owners.

However, both parties could not reach any agreement as the government refused the proposal of the shop owners, insisting that only the government has the final authority in issues regarding its policies.

The shop owners were concerned that in spite of the fact they were up to date in payment of revenue as at and when due as well as properly managed the shops that were personally built by them unlike what obtains in Ceceniya, Abubakar Gumi and Veterinary markets that were built and leased out by Kaduna state government, their shops were still destroyed illegally.

Former military governor, Col Tanko Ayuba allocated the market land to the shop owners in 1992 after it was burnt down the same year and also allocated the same land to Kasuwan Bacci and backed with land approval document with the proviso that shops will be properly built in accordance to a building permit and an architectural plan to avoid fire incidents.

Subsequent government also directed the then Southern Kaduna Local Government Area Chairman, Mr Sawawak to grant shop owners permission to building story buildings.

The expectations of the shop owners was hinged on the fact that since the State Government was aware that they built the shops on the land given and approved by the government, they should have either relocated the market or be adequately compensated as against the brash and harsh decision to ignore them in addition to demolishing their shops.