By Achadu Gabriel, Kaduna
The Kaduna State High Court sitting in Kaduna has granted an application for a Pretrial Conference (PTC) filed by the former Chairman of the Academic Staff Union of Polytechnic (ASUP), Kaduna Polytechnic chapter, Comrade Mustapha Yahaya Bida (rtd).
Comrade Yahaya Bida had filed a lawsuit in the state high court against the 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 a court injunction against such actions.
The motion was moved and granted by the court judge, Justice E. Andow, who adjourned the case to January 28 for the pretrial conference
When the case came up on Monday for pretrial conference, Counsel for the plaintiff, Barrister Solomon Utuwaya, presented a motion for an extension of time due to the inability to file the application within the expected timeframe for various reasons.
The motion was moved and granted by the court judge, Justice E. Andow, who adjourned the case to January 28 for the pretrial conference, after which the actual hearings will commence.
Although the respondent’s Counsel, Barrister Abdullahi Ahmed, stated he was not ready for the motion on the grounds that he had not been served, he could not contest further when presented with evidence of service in court.
The matter came up for pretrial conference, where parties are expected to file pretrial documents that outline the issues we want to address during the hearing
Speaking to journalists at the end of the sitting, Counsel for the plaintiff, Barrister Solomon Utuwaya of Mamman Nasir Chambers, said, “The matter came up for pretrial conference, where parties are expected to file pretrial documents that outline the issues we want to address during the hearing. This process helps streamline what the court expects to see during the trial. We filed a notice of extension of time because we couldn’t submit our application on time; parties are allowed to file outside the designated timeframe. The motion was moved and granted by the court.”
“Although the other counsel claimed they weren’t prepared because he wasn’t served, there was evidence of service, and so the court granted our motion and adjourned until January 28, 2025, for the pretrial conference.”
Although the other counsel claimed they weren’t prepared because he wasn’t served, there was evidence of service, and so the court granted our motion and adjourned until January 28, 2025
Additionally, Barrister Abdullahi Ahmed, representing the Chambers of the Hon. Attorney General of the Federation (AGF), stated that the plaintiff’s counsel did not certify their PTC and had to file a motion, claiming he had not received the motion in his office.
He also mentioned that the suit had previously been struck out of court for lack of diligent prosecution due to the consistent absence of the plaintiff’s counsel.
The judge advised respondent’s counsel Ahmed to seek an address of service within the state of jurisdiction in accordance with state procedures and rules, to which he promised to inform his office.
Despite the court order, they still went ahead and tampered with the properties by demolishing some parts, disobeying the court order
Earlier, the defendant, PIC, was accused of demolishing parts of the plaintiff’s property despite a competent court order restraining such actions.
“Despite the court order, they still went ahead and tampered with the properties by demolishing some parts, disobeying the court order,” the plaintiff’s counsel disclosed.
“There was an order from the court for parties to maintain the status quo pending the hearing and determination of the suit.”
It was recalled that Comrade Bida, who retired in 2024 after 39 years of service, reported that his allocated property at No. 13 Ribadu Road, Unguwan Rimi GRA, Gabasawa, Kaduna, had been unlawfully invaded.
He also alleged that his boys’ quarters and fence were destroyed, and a new fence had been erected, contravening the court’s order.
A Kaduna State High Court issued an interim injunction restraining the land grabbers from trespassing, destroying
“A Kaduna State High Court issued an interim injunction restraining the land grabbers from trespassing, destroying, developing, or renaming 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 vacant land and not the boys’ quarters as alleged.
They know they have powers over landed properties only, not vacant land. Moreover, the gazetted procedure clearly states that properties must be sold ‘as is and where is
“They know they have powers over landed properties only, not vacant 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).
Bida is calling on the court and all relevant stakeholders to intervene to protect his property from illegal encroachment
Comrade Mustapha Bida is calling on the court and all relevant stakeholders to intervene to protect his property from illegal encroachment.
He emphasized that justice must prevail to deter other land grabbers and reaffirm that no one is above the law. It was noted that the aggrieved Kadpoly staff recently petitioned NASS regarding the alleged involvement of the school’s management in what they termed the outright sale of school properties for personal gain.
