Durbar hotel demolition: Legal fireworks intensify as Reuben Atabo (SAN), others appear in Court

As the legal fire works over demolition of Durbar hotel by Kaduna State government intensifies, Dr Reuben Atabo (SAN) led other two SANs and seven lawyers as prosecuting Counsels to Kaduna State High Court on Thursday.

Durbar hotel PLC is owned by the late Gen. Sani Abacha which was demolished by Kaduna State government through its agency, Kaduna State Urban Planning and Development (KASUPDA).

Dr. Atabo who led Samuel Katung (SAN), Johnson Usman (SAN) and other lawyers in the case before Justice Hannatu Balogun in the prosecution listed Kaduna State governor, Malam Nasir El-Rufai, as the first defendant.

Other defendants are: “Attorney General and Commissioner of Justice, Kaduna State Urban Planning and Development Agency (KASUPDA) as well as the Kaduna Geographic Information Service (KADGIS)”, are listed.

After listening to presentation, Justice Balogun fixed April 4, 2022, for owners of Durbar Hotel and prosecuting Counsels to prove illegality of the demolition of the hotel.

As at the time of demolition, the Abacha family claimed that appeal on claims by Kaduna State government to take over the property was pending at the Supreme Court.

Kaduna State government earlier filed appeal at the Supreme Court challenging the verdict of lower courts which was in favour of the Abacha family.

At the hearing on Thursday, Counsel to the defendants, Mustapha AU (SAN) represented by Sule Umar told the court that the defendants have filed a case of change of Counsel and, “We are asking for a new date because we are already working on the defence.”

However, Atabo decried the energy being wasted by the defendants by proposing an appeal on a matter that has been on for over two years without filing a defence.

“But we are ready to prove our case by next sitting,” he told the court.

The plaintiff is demanding a declaration that it is the title holder of the parcel of land measuring about 5.378 hectares and covered by Kaduna State certificate of occupancy No 17789, situated on a choice area at Muhammadu Buhari Way (WAFF road), Kaduna North local government area.

The plaintiff is further seeking a declaration that the demolition of the plaintiff’s property covered with certificate of occupancy of 7th May, 1990, by the Kaduna State government is unconstitutional, illegal, null, and void.

The plaintiff also asked the court for an order of injunction restraining the defendants, their agents, servants, privies, and whosoever from transferring, assigning, or selling in any way part of the property lying and situate at Muhammadu Buhari Way (Waff Road) Kaduna measuring about 5.4 hectares pending the determination of the motion on notice.