…Plaintiff alleges “delay tactics, ugly details.”
by Achadu Gabriel, Kaduna
“Daley tactics” allegation has been decried, following the rescheduling of the pre-trial conference Tuesday in the lawsuit against Presidential Implementation Committee (PIC) of the White Paper on the Commission of Inquiry into the alienation of Federal Government Property, in Kaduna State.
Former Chairman of Academic Staff Union of Polytechnics (ASUP), Kaduna Polytechnic Chapter, Comrade Mustapha Yahaya Bida (rtd), had filed a law suit in the State’s High Court against PIC of the White Paper on the Commission of Inquiry into the alienation of Federal Government Property, alleging “illegal trespassing” on his residence by land grabbers, despite court injunction against the action.
When the case came up on Tuesday for pre-trial conference for the second time, counsel to the defendant, which is PIC, brought up the issue of second and third defendants who are all his agent, of not been served.
Speaking to newsmen at the end of the session, the plaintiff told journalists that counsel to the defendant brought up the issue of service for the other two to deliberately delay the court case.
“Pre-trial conference is scheduled for today, 28 January 2025. My lawyers are ready. But the first defendant counsel, which is PIC, brought up the issue of second and third defendants who are all his agent.
“And I think he did it deliberately to delay this case. In the first case, the second defendant is one whose name appears on the so-called ‘allocation letter’ of carve out, and third defendant is the one who took me to SIB claiming that I denied them access to carve out in my house, through to the Kaduna Commissioner of Police (CP), claiming I denied him access to carve out in my house, and CP forwarded it to SIB for investigation.
“What they were claiming in the allocation letter was, a police man went to my house and discovered that it’s not true. They said I’ve two bedrooms boys’ quarters; but what I have is a bedroom attached to the house. But what they are claiming is ‘virgin land,’ which PIC has no authority to allocate.
“They are for FG landed properties, not land. All this while, it was only the first defendant that has responded, and that’s the PIC lawyer, and CP who was being represented earlier. I don’t know why they were not coming out. They never appear; in fact, we don’t have their contact. The third defendant is Aliyu A. Galadima, while second defendant is Saminu Abubakar.
“We only have the contact of the first defendant, who claims is representing the second defendant. Anytime they called him for service, he will claim he is not in town but in Maiduguri, Damaturu, Yobe and so on and so forth, dodging services.
“Now, they are bringing application or resolution that he should now be served through the CP, or the court, which they’ve been doing. You’ve been witnessing the proceeding here, until today, the first defendant lawyer has never brought up the non-appearance of the second defendant. So, because of this, the pre-trial conference has been rescheduled to fourth of March 2025, by the Court Judge, Justice E Andow.
“This third defendant that I told you has never appeared in court has now sued me to Magistrate’s Court claiming some damages. So, you can see the whole trick in the case – just to delay the matter. So, they are going to work to ensure they’re served.”
Unfortunately, though, the lawyer who appeared on behalf of the counsel to plaintiff, Barrister Solomon Utuwaya of Mamman Nasir Chambers, could not speak to journalist, pleading for lack of time.
The judge had earlier advised that respondent counsel, Ahmed, should 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 first defendant, PIC, was accused of demolishing some parts of the properties of the 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 Counsel had earlier disclosed.
“There was order of the court for parties to maintain status-quo, pending the hearing and determination of the suit,” he stated.
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 had reportedly 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, he said.
“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 had shown evidence of 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 had called 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 “outright sales of the school properties for personal gains.”