DEMOLITION: Kano govt says court order freezing N30b in bank accounts obtained by fraud
Kano State government has engaged a retinue of Senior Advocates of Nigeria to challenge and upturn the order of an Abuja division of the Federal High Court that granted a garnishee order freezing N30 billion in about 24 bank accounts belonging to the state government.
Nigerian Sketch quoted a reliable source at Kano State Ministry of Justice to have said that the order “was obtained by fraud and abuse of court process.”
According to the source, “There is a pending motion for stay of execution that was duly served on the applicants. Hearing was fixed for 4th December, 2023.
“Before the due date, they fraudulently ran to another division of the court in Abuja, concealing a material fact from that court to obtain the order on the 28th of December, 2023. It was misrepresentation, and it is not good practice. The lawyers of Kano State government will challenge it in court.
Recall that the order to freeze the accounts was given to secure over N30 billion compensation that the Kano division of the same court awarded the Incorporated Trustees of Masalachi Eid Shop Owners and Traders Association as damages for the demolition of their shops by the administration of Abba Kabir Yusuf in the state. The demolition was described by the court as illegal.
The order was contained in a copy of the Certified True Copy (CTC) of the ruling delivered on November 28, 2023 and signed by the Registrar, Chioma Chijioke and made available to newsmen on Wednesday.
The order reads, “A garnishee order Nisi is hereby made attaching the funds (present and future) of Kano State Government, Kano State Urban Planning and Development Authority, KNUPDA and Attorney General of Kano State (including but limited to Kano State FAAC Account and Account No. 1019716320 at UBA and Account No. 1790249410 Polaris Bank) and other accounts in the custody of the respective Garnishees to the tune of N30 billion in satisfaction of the judgment of the Federal High Court sitting in Kano per S. A Amobeda, J. dated the 29th September, 2023 herein being enforced in favour of the judgment creditors.
“Order is hereby made granting the sum of N2 million only being the cost of the Garnishees proceeding.
“The Garnishees herein are hereby ordered to appear before this court to show cause (if any) why the order Nisi should not be made absolute against them.
“Judgment creditors to serve the defendants and Garnishees at least 14 days before the next date of hearing,” the Judge, Justice Ekwo said.
The court adjourned the case till 18th January, 2024 for Garnishes to show case.
Our source said Kano State government would have perfected all the processes to get the order reversed.
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