The presiding judge, Justice Simon Amobeda, held in a ruling on Friday that the state government's action of marking the properties without following due process was an infringement of the applicant's right to own immovable property as guaranteed by sections 43 and 44 of the Constitution of the Federal Republic of Nigeria 1999 as amended.
The properties in question are situated at No 41, 43, and 68 of Salanta area. The court also ruled that the intrusion into the applicants' properties around 11 pm on 14th June 2023, in an attempt to carry out the demolition, was a clear infringement of their private and family life as enshrined in the Constitution.
Justice Amobeda further ordered the Kano State Government to repaint the wall of the applicants, which they had marked with "REMOVE by KNUPDA," with red paint. The court directed the respondents to refrain from encroaching, trespassing, entering, invading, demolishing, or revoking the applicants' titles, or any other act in respect of their properties located at Salanta along BUK Road, Kano.
Barrister Bashir Ibrahim, who represented the applicants, applauded the court for the judgement, describing it as a landmark for the protection of human rights and respect for human dignity.
On the other hand, counsel to the Kano State Government and other respondents, Barrister Musa Dahuru Muhd, the Director of Civil Litigation in the state's Ministry of Justice, stated that they would study the judgement and advise the Government on the next line of action.