By Muhammad Muhammad
A Kano Magistrate court 14 has granted the state Commissioner for Justice and Attorney General, Musa Abdullahi Lawan application to take over prosecution against permanent secretary, state Bureau for land Management, Dr. Zainab Braji.
Chief Magistrate Mustapha Saad Datti on Wednesday granted the application on the land dispute already under contempt proceeding against the state government agencies.
Solacebase reports that the land in dispute situated on court road along Gaydi-Gaydi round about in the metropolis is being subject of litigation between Tiamin Rice Limited the title owner and Kano state Bureau for Land Management in the last eight.
The matter started when the state Bureau for Land instituted processes to revoke the landed property under construction, citing overriding public interest.
Not comfortable with the government action, Tiamin Rice Limited sought for restriction which was subsequently granted with valid substantive order restraining the revocation process of the Government.
Against the court order however, the Government forcefully recovered the property and demolished the ongoing building structure therein.
Upon the violation of the court order, the chief Magistrate granted the complainant application for form 48 (contempt proceeding) against the permanent secretary, State Bureau for Land, Dr. Zainab Braji.
Dr. Braji had earlier being found culpable by the Police legal unit at the Zone one Police zonal headquarters that investigated the matter. Although, the court had joined the director of Kano state Urban Development Authority and management director Kano Road Transport Authority, for similar investigation, the names of the two parties were clearly omitted in the First Information Report (FIR) presented before the court.
When the permanent secretary was invited before the Chief Magistrate on Wednesday for arraignment, Kano State Solicitor General, Amina Yusuf Yargaya announced the interest of the Attorney General to take over the matter, citing section 211 of the constitution.
Raising objection to the application, counsel to the complainant, Barr. Saeed Mohammad Tudun-wada insisted that his client may not get justice since the Attorney General is an interested party in the case.
In his ruling, Chief Magistrate Mustapha declared that the court has no jurisdiction to resist the power of the Attorney General and Commissioner of Justice from taken over any case of interest.
The chief Magistrate disclosed that granting the application remain a constitutional provision which enable the AG unrestricted powers to initiate or take over prosecution of any criminal matter at any stage of proceeding, a provision guaranteed by section 211 of the 1999 constitution as amended.
The matter is adjourned to 9th August, 2022 for arraignment.