by Achadu Gabriel, Kaduna
The Kaduna State High Court sitting in Kaduna has granted application for Pretrial Conference (PTC), filed by former Chairman of Academic Staff Union of Polytechnics (ASUP), Kaduna Polytechnic chapter, Comrade Mustapha Yahaya Bida (rtd).
Comrade Yahaya Bida had filed a law suit in the State’s High Court against Presidential Implementation Committee (PIC) of the White Paper on the Commission of Inquiry into the alienation of Federal Government Property, over alleged illegal trespassing on his residence by land-grabbers, despite court injunction against the action.
When the case came up on Monday for Pretrial Conference, Counsel to the plaintiff, Barrister Solomon Utuwaya, came up with a motion for extension of time because of inability to file the application at the expected time, for one reasons or the other.
The motion was moved and was granted by the Court Judge, Justice E. Andow, and adjourned for 28th January for Pretrial Conference after which real hearings will commence.
Although, the Respondent’s Counsel, Barrister Abdullahi Ahmed, said he was not ready for the motion on grounds that he was not served, but could not contest further when he was provided with evidence of services in the court.
Speaking to journalists at the end of the sitting, Counsel to Plaintiff, Barrister Solomon Utuwaya of Mamman Nasir Chambers, said “The matter came up for pretrial conference where parties expected to file pretrial conference where all issues we want to go into hearing for the matter will be settled after the pleasing days have closed – a kind of streamline exactly all that the court expected to see during trial.
So, we came by notice of extension of time because we couldn’t file our application within the time, parties are allowed to file outside the time. The motion was moved and granted by the court.
“Although, the other counsel said they were not set because he wasn’t served, but there were evidence of services; and so court granted our motion and adjourned till 28th January, 2025, for pretrial conference.
Also speaking, Barr Abdullahi Ahmed of the Chambers of Hon. Attorney-General of the Federation (AGF), said Counsel to Plaintiff did not certify their PTC, and has to come up with the motion, “which I was not served or I’ve not been given the motion in the office.”
He also said that the suit was earlier struck out of court for lack of ‘diligent prosecution,’ following consistent absent of plaintiff counsel in court.
The judge advised that respondent counsel, Ahmed, to look for an address of service within the state of jurisdiction, in accordance with state procedure and rules, in which he promised to inform his office.
Earlier, the defendant, PIC, was accused of demolishing some parts of the properties of plaintiff, despite the court order from competent court of jurisdiction, restraining it.
“Despite the court order, they still went ahead and tampered with the properties by demolishing some parts of the properties, by disobeying the court order,” Plaintiff’s Counsel had earlier disclosed.
“There was order of the court for parties to maintain status quo pending the hearing and determination of the suit.
Recalled that, Comrade Bida, who retired in 2024 after 39 years of service, reported that his allocated property at No. 13 Ribadu Road, Ungwan Rimi GRA, Gabasawa, Kaduna, had been unlawfully invaded.
He also alleged that his Boys’ Quarters and the fence were destroyed, and a new fence has been erected, contravening the court’s order.
“A Kaduna State High Court issued an interim injunction restraining the land grabbers from trespassing, destroying, developing, or renaming on my property pending the hearing and determination of the motion on notice,” it stated.
Additionally, the court had ordered the Commissioner of Police in Kaduna State and officers of the Special Investigation Bureau (SIB) not to invite Comrade Bida concerning the property until the motion on notice is resolved.
The situation escalated when Bida was summoned by the SIB, who informed him that part of his property had been allocated to another individual. He requested police assistance to visit the site and verify the claims, which he asserted were false.
During the police visit, it became apparent that the area claimed by the PIC operatives was merely plain land and not the boys’ Quarters as alleged.
“They know they have powers over landed properties only, not plain land. Moreover, the gazetted procedure clearly states that properties must be sold ‘as is and where is,’” it stated.
“Despite the evidence, the police insisted that Bida allow the land grabbers to enter and commence development on his property. He was shown an offer letter in the name of one Saminu Abubakar, who has not been located since the case began.”
Bida, who was the longest-serving Chairman of ASUP, claimed that many other staff members of Kaduna Polytechnic are facing similar challenges and have taken legal action. He believes his pursuit of legal redress has prompted the land grabbers to target his property.
He stated that he duly applied for the property, received an offer letter, and paid the required fees, including an additional 5% for administrative charges and the cost of obtaining a Certificate of Occupancy (C of O).
Comrade Mustapha Bida is calling on the court and all relevant stakeholders to intervene to protect his property from illegal encroachment, emphasizing that justice must prevail to deter other land grabbers, and reaffirm that no one is above the law.
Recalled that the aggrieved Kadpoly staff recently petitioned NASS of alleged involvement of managements of the school in what they termed as “outright sales of the school properties for personal gains.”