Court Orders Kano Government to Unseal Rice Factory; Awards N300m Damages
A Federal High Court in Abuja on Monday ordered the Kano State Government to unseal a rice production factory – Tiamin Rice Limited – shut by the state for allegedly being too close to an isolation centre for COVID-19 patients.
The state had also claimed that the fume being emitted from the rice mill was harmful to the COVID-19 patients.
In a judgment on Monday, Justice Okon Abang, held that the closure of the factory, without a valid court order, violated the rights of the applicants and the exemption accorded food production companies by the government.
The judgment was in a fundamental rights enforcement suit, filed by Tiamin Multi-Services Global Ltd, Tiamin Rice Limited, and Alhaji Aliyu Ali Ibrahim.
Respondents in the suit were the Inspector General of Police (IGP), Commissioner of Police, Kano State; Government of Kano State and Nigeria
The applicants, who claimed that their factory was located about 26 kilometers away from the COVID-19 isolation centre, argued that the closure was a violation of their rights to own property and to go in and out of such property.
They stated that the rice factory is one of the food production companies permitted by the government to continue production to provide food for the people in the period of the COVID-19 pandemic.
The applicants also claimed that their factory was creating job opportunities as well as alleviating the people’s hardship induced by the pandemic.
In the judgement on Monday, Justice Abang noted that the respondent did not respond to the case even though they were duly served and afforded sufficient time.
Abang held that the respondents were given ample opportunity to be heard, but failed to make an appearance.
The judge noted that the plaintiff has previously been given an exemption by the government to produce more food during the lockdown to Nigerians.
He ordered the Kano State Government to unseal the applicants’ property and held that the sealing of the property, without a proper court order, constitutes a violation of the applicants’ fundamental human rights.
Justice Abang restrained the Kano State Government from further interfering with the activities of the applicants.
The judge awarded N300 Million damages against the respondents and ordered the Attorney General of Kano State to ensure that judgement is promptly complied with.
