Court stops El-Rufai from demolishing market

Kaduna State Governor, Nasir El-Rufai

A Kaduna High Court presided over by Justice Mohammed Bello , has issued a restraining order on Gov . Nasiru El -Rufa ’i not to demolish the Kasuwar Barchi market in Kaduna until the determination of the case before the court.

Bello ordered that all respondents to the case should stop “ entering into and demolishing Kasuwar Barchi , pending the hearing and determination of the case. ”

The case was instituted by 16 persons, on behalf of stall owners and traders in Kasuwar Barchi , seeking to stop the governor from demolishing the market .

Joined in the suit are the Attorney -General of Kaduna State and Kaduna Investment Promotion Agency as second and third respondents .

The plaintiffs include Auwalu Hussain , Kabiru Usman , Aminu Ahmed , Bawa Ahmed , Josia Sunday , Ndubueze Egbo -Ogu , Augustine Sunday .

Others are, Ali Abdulhamid, Maryam Abubakar, Rabiatu Musa, Latifah Yusuf, Amina Abdulrauf, Aishatu Ibrahim , Hafsat Uba, Sa’adiya Ahmed and Wasilat Ahmed .

Counsel to the plaintiffs , Mr Elisha Kurah , SAN, had prayed the court to restrain the defendants from going ahead with the demolishing of the market .

He also prayed the court to determine whether the establishment , maintenance and regulations of markets are vested on the governor .

The counsel hinged his prayer on Section 7 ( 1 ) and ( 5 ) of the 1999 Constitution of the Federal Republic of Nigeria , as amended , together with item 1 ( e) of the 4 th Schedule to the Constitution.

He also cited Section 20 ( a ) and 21 ( 2 ) of the Local Government Administration Law of Kaduna State 2012 as amended .

Kurah said the court should determine whether the governor has the power to issue a notice to legal occupants of a market in the state for the purpose of establishment , maintenance , regulation or conversion of the said market .

He said that if the above questions are resolved in their favour , the court should declare that the state government lacked the legal right to make any law to derogate from the function of local governments as specified by law .

The plaintiffs also want the court to make a declaration that the state government have no constitutional power to take over Kasuwar Barchi market from Kaduna South Local Government and hand it over to a private developer .
They also prayed the court to declare that the establishment , maintenance and regulation of markets is a function constitutionally conferred on local governments, as such the state government has no legal right to hand over such functions to a private developer .

The traders said the court should declare that the threat by the defendants to demolish the market , including shops of the plaintiffs , is invalid , improper , blatant display of raw executive power, illegal , unconstitutional and null and void.

The case has been adjourned till June 5 , for hearing .

( NAN )