The former Managing Director of the Kano State Agricultural Supply Company (KASCO), Dr Bala Inuwa, has accused the State Public Complaints and Anti Corruption Commission (PCACC) of violating an existing Court Order by confiscating and taking over his properties.
Inuwa told newsmen on Wednesday that the agency took over his properties worth billions of Naira in contravention of a High Court Order stopping any public office from taking any action on the properties, pending the determination of a substantive suit before it.
He said the properties which were stocked with various brands of trailers, fertilizer grinding machines and other agricultural implements were taken over by the anti-graft commission in contravention of the court order.
Inuwa reminded that in a suit no K/M 1563/2024 before Justice Aisha Ya’u between Bala Inuwa Muhammad and Safiyanu Hamisu suing under the names and style of Limestone Processing Links as Applicants and the Nigeria Police Force and Commissioner of Police as Respondents, the Court ruled on a Motion on Notice dated 19th August, 2024 together with accompanying affidavit duly sworn to by Bala Inuwa Muhammad, the 1 Applicant, and that the court ruled in their favour.
In the order, he said, the court decided that the action of the Respondents of forceful entry into the 2nd Applicant’s premises known as No. 157 Kumbotso Rasha, Kumbotso Local Government Area of Kano State and taking way moveable properties under the guise of taking inventory pursuant to the Investigation against Bala Inuwa Muhammad, confiscating and deploying police officers thereby taking over the whole premises and denying the Applicants access particularly the 2nd Applicant from running its factory in pursuit of its business, was illegal.
The court ruled in an Order seen by our Correspondent, that the objective of taking over the properties by the agency was “tantamount to illegality, unlawful, unconstitutional and a veritable contravention of the Applicants’ fundamental right to moveable and immoveable properties guaranteed by Section 44 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).
Bala Inuwa argued that the court granted his order directing the Respondents to forthwith remove and retrieve the police officers stationed at the 2nd Applicant’s premises known as No. 157 Kumbotso Rasha, Kumbotso Local Government Area of Kano State thereby re-granting full access to the Applicants to enjoy the rights to their moveable and immoveable properties as the rightful owners.
Similarly, Bala Inuwa Muhammad, said as the Respondents refused to adhere to the first Court order, he rushed back to the court and obtained an order of Interim Injunction restraining the Respondents, Police, State Commissioner of Police and the State Public Complaints and Anti Corruption Commission to either by themselves, their agents, servants, privies, representatives, and assigns from any entry, interfering, dealing, occupying or any form of approach whatsoever to the his property known as No.157 Kumbotso Rasha, Kumbotso local government Area of Kano State or taking any further steps.
The court further ruled on stay of all actions with the subject matter or matters related thereof pending the hearing and determination of the Motion on Notice.
“Another High Court granted leave that the Applicants to effect the service of the order of the Honorable court and all subsequent processes filed before the court in the case against the 1st Respondent through 2nd Respondent and to consider same as proper” he said.
He added that an Interim order was granted for parties to maintain status quo and to stay all actions in respect of the matter pending the hearing and determination of the substantive matter, the matter which was yet to be heard, he explained.
But the Chairman of the State Public Complaints and Anti Corruption Commission, Barrister Muhyi Magaji Rimin Gado, dismissed the allegations, arguing that all the orders obtained by Bala Inuwa Muhammad were obtained in default and could “not stand the test of legal values.”
Rimin-Gado insisted that all the orders restraining him and his commission from carrying out their fundamental duties were since vacated and they were all on interim basis and had elapsed since 2024.
Similarly, he said, some of the orders affected only police officers drafted to the company in question and that since they were taken away, that cannot stop them from carrying out their duties using another means.
“Therefore, we are using the personnel of the Kano State Road Traffic Agency(KAROTA) as our enforcement agents and we are doing that on the powers vested in us under sections 58 of the Commission’s Laws,” he added
