Zaria Demolition: Victims Demand Justice, Compensation

The decade-long land dispute between the Nigerian College of Aviation Technology and some residents of Graceland community, Zaria, recently led to the demolition of 160 properties. John Shiklam reports that those who were rendered homeless are calling for justice as well as compensation

It will take a long time for some of the residents of Graceland Community, Zaria, Kaduna State to overcome the pains and trauma following the demolition of their homes by the Kaduna State Urban Planning and Development Agency (KASUPDA).

On October 4, 2021, the agency demolished 160 houses, rendering hundreds of families homeless and hopeless.

THISDAY findings revealed that the demolition followed years of dispute between the community and the Nigerian Aviation College Technology (NCAT), Zaria, over ownership of the land.

Some of the victims who spoke in an interview with THISDAY said they were shocked that despite court judgments against NCAT and a perpetual injunction against KASUPDA, they still went ahead to demolish their properties.

One of victims , Pastor Tunde Adeshina, a lecturer at the Federal College of Education, Zaria, explained that the dispute over the ownership of the land, started sometimes in 2007 and the Zazzau Emirate Council had to intervene by setting up a committee to resolve the dispute.

“I am one of the early residents of the Graceland.
I bought my land over 20 years ago. I have my Certificate of Occupancy (C of O) issued by the Kaduna state government. KASUPDA also gave me permission to build.

“We had a case that dates back to 2007 when the NCAT suddenly came up and said the land belongs to them”, Adeshina told THISDAY in an interview.

Adeshina recalled that “after the owners of the land testified before the committee that they sold the land to us, the late emir of Zazzau, Alhaji Shehu Idris asked the NCAT to produce evidence of the claim of the land, but they had no evidence to present and the emir settled the matter in our favour.”

He said following the decision of the Emirate, the rector of NCAT at that time, went to inspect the land and they were shown their beacons.

He said further that the Kaduna State Ministry of Land and Survey even came and inspected the beacons and NCAT built a fence demarcating its land.

However, the dispute resurfaced and some people who already have their C of Os, including Adeshina, challenged the matter in court.
Adeshina said three suits were filed against NCAT and the court gave judgments against the college.

“We thought that with the court judgments the issues were permanently resolved only for us to wake up on October 1, 2021, to see some data forms distributed by KASUPDA to some people.

“Those of us close to the NCAT were not given the form and when we asked KASUPDA why some the form was not given to us, they said we should go and start parking because our houses will be demolition”, he said.

According to Adeshina, “On Saturday October 2, we saw bulldozers. By Sunday, six Hilux vans loaded with armed police personnel were deployed to the community.

“KASTELEA personnel stormed the community in a commando style, blaring siren. They were shouting and hitting anything around them.
“People started running for theirs lives. I barely escaped being beaten by them. Hoodlums also invaded the community to loot our property.

“Throughout that night, residence of the community were apprehensive and could not sleep, as the demolition started in the night till the following day.”

Adeshina said he was rendered homeless and had to send his children to his aunt while he and his wife stayed in a hotel as they searched for a place to rent.

“I have been assaulted, my children were traumatised. Up till now one of my child is finding it difficult to get over the incident because of the trauma.

The C of O that I have, is signed by the governor.
“So if there is anything I am looking for, it is that I should be indemnified. I want full compensation.”

Also narrating his ordeal, Prof. Kola Tinouye, of the Ahmadu Bello University (ABU) Zaria, said he bought the piece of land in 1989 through due process.

“A delegation from the land ministry showed us that indeed, where we bought is not part of NCAT land. The boundaries of NCAT were demarcated with barb wire at that time.

“It was on that basis that we paid for the land with my late wife at that time. We developed the land and moved in on June 10, 1998”, he said.

He recalled that sometimes in 2001, there were stories that “we encroached on NCAT land and the community approached a lawyer to write a letter to the college. Our lawyer at that time was Balkisu Mohammed, who is currently a high judge in the Kaduna judicial division. She was the one who wrote the letter for us while she was in private practice”, he said.

According to him, in response to the letter, the NCAT “raised a high power panel of enquiry headed by one Engr. Baba, who was the registrar of the institution at the time”.

He said the panel invited the contending parties to the site and the beacons showing that NCAT’s land was not encroached were identified.

“Their principal came to confirm it and on the strength of that, they awarded a contract for the construction of a concrete fence to secure their land because it was fenced with a barb wire.

“We thought everything was okay until they came all over again making fresh claims”, Tinouye said.
According to him, the threat became so serious with speculations that they will demolish our houses anytime.

“We now approached the court to preempt whatever decisions they were planning to take so that the court can decide the title of the land.
Four of us who had C of O were mandated by the community to take the matter to court on their behalf and whatever decisions arrived at, will be binding.

“Myself, Engr. Zagba, Prof. Olukoso and Prof. Onolapo approached the court.It was decided by Hon. Justice Binta in favour of Prof. Onolapo which by extension implies that it applies to the community. Azagba also got judgment in his favour as well as Prof. Olukoso.

“We thought that was the end of the matter until sometimes in 2011 or so KASUPDA started marking our property. Our community leader took them to court on behalf of the entire community.

“The court slammed a perpetual injunction against against them and their agents or privies not to ever encroached on the land that belongs to us. In 2017 they came back again and we went to court again.

“We filed contempt of court against them but they were not coming to court and it just fizzled out like that. Here we are, they have demolished our houses despite all the court judgments.

“They brought a letter demanding for data clarification whether we have C of O and building permits. The letter was not given to some of us. They said those of us that were not given the letter should pack out.

“They came in the night with heavily armed police personnel to intimidate and harass us. For two days we were sleeping in the ruins of our house because if we had left, hoodlums who invaded the place would have looted our property.

“The hoodlums were everywhere as our homes were being pulled down. They were fighting with our boys who were trying to prevent them from looting. Some people were stabbed, phones were snatched, the whole community was infested with miscreants.

“They arm twisted us and dispossessed hundreds of families of their legally acquired property. This is lawlessness! ABU was able to come to my aide by providing me temporary accommodation at the Vice Chancellor’s Lodge. I don’t know how my children will get out of this trauma.”

Another victim, Prof. Josiah Onaolapo, also from ABU Zaria, lamented that despite the court judgments in his favour, his house, a school and church were demolished.

He said the incident has caused serious psychological problems among those affected.
“Besides, all the court judgements in our favour, I have approved building permission from KASUPDA. I have Yakowa C of O, I have el-Rufai C of O.

“I don’t know where I went wrong to warrant the demolition of my property. I have court judgement against KASUPDA, another court judgement against NCAT, so I don’t know where I got it wrong. I am going back to court to seek for justice and the process has started”, he said.

Also condemning the demolition of his house and shops, Mr. Parkinson Azagba, accused NCAT for taking his land by force.

“After all the court judgments against NCAT, they came and constructed a fence round their own land. I acquired the land around 1990. I applied for C of O and it was stated that nobody had applied for that land which meant that I was the first person to apply for it.

“I have building approval from KASUPDA. How can you build a concrete fence showing the size of your land and you are now claiming a land outside your fence?”, he asked.

The spokesman of the NCAT, Balarabe Mohammed did not respond to several calls as well as text and WhatsApp messages when contacted.

However in a statement he issued after the demolition, he commended the Kaduna state government for assisting in reclaiming NCAT land, which according to him was encroached for more than two decades.

The statement expressed ‘’profound gratitude” to El-Rufai, “the police and all the security agencies that contributed in one way or the other in ensuring the recovery of our encroached land.’’

He disclosed that 160 houses were affected by the demolition, stressing that the recovery ‘’will go a long way in proving our determination to being the best in providing aviation training, as this will create a better atmosphere for training.’’

According to him, the International Civil Aviation Organisation (ICAO) has upgraded NCAT to a regional training centre of excellence and it plans to expand its runway to accommodate bigger aircraft.

Also, in his reaction, spokesman of KASUPDA, Nuhu Garba, dismissed claims about court judgments against KASUPDA.

“You can ask them to show you the judgment. From there you can know whether it favours them or it is against them,” he said.

According to him, KASUPDA acted based on court order and illegal development without planning permission, without even C of O and encroachment.

Garba said, “The authorities of NCAT had complained about the encroachment and the court had already decided that the residents vacate from the land.

“As far as the law is concerned, anybody that developed without KASUPDA approval is subject to demolition. It is something that we issued notices in 2011, 2014 and 2020. The buildings were marked, if you go there, you will see our marking for illegal development.

“We even made announcement, giving them notice to remove their property and vacate the land for the owner. We announced that anybody that has C of O and planning permission should forward it to KASUPDA.

“We will check it and see the authenticity of the certificate. If it is genuine really, then we know the other action. If the development does not contradict the planning permission act, it is subject to consider.

“You can go to the court and find out whether what they are saying is true”, the KASUPDA spokesman said.

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They arm twisted us and dispossessed hundreds of families of their legally acquired property. This is lawlessness