In a preliminary objection filed before a Chief Magistrate court, Airport division, the traders challenged the jurisdiction of the court to entertain the matter.
The management of Muhammadu Abubarkar Rimi (Sabon-Gari) Market Company Limited, a liability company owned by the state government had served the marketers a quit notice to vacate their shops for breach of truth and violation of principles and agreement.
The state-owned company had also dragged the traders before Chief Magistrate Muntari Dandago asking the court to order the traders to vacate the government’s property.
When the case was called for mention on Thursday, counsel to the defendants Abdul Azeez notified the court that further hearing on the matter would amount to an abuse of court process, since a similar matter is already pending before a state high court.
Barrister Azeez disclosed that the traders have instituted a legal action against the state government over a forceful use of solar energy in the market.
He claimed that the government’s decision to institute another case against the traders at the lower court was a deliberate attempt to frustrate the pending case, using an eviction threat.
He wondered how the government suddenly found faults that warranted eviction especially when the traders have conducted themselves peacefully in the last 30 years.
Opposing the position of the defendants, a state counsel, Barrister Abdullahi Shamsuden insisted the matter before the Chief Magistrate is detained mainly on landlord and tenants affairs.
The presiding Chief Magistrate Muntari Dandago has, however, adjourned the matter to the 16th December 2020, for ruling on the preliminary objection.
