By Smart Emmanuel
Nine Elders from the Adara Traditional Council in Kaduna state who were kept in Kaduna Central prison for three months in 2019 have sued former Governor Nasiru el-rufai, demanding NGN2.3 billion in damages for violation of their Fundamental Human Rights.
The Elders were detained in the prison custody for repeated attempts to have the governor to reconsider the Village Restructuring (Amendment) order No. 21 Vol 52. which he signed into law.
Presiding over the case on Tuesday at the Federal High Court Kaduna, Justice Hauwa’u adjourned the matter to allow for proper service to the respondents in line with order 5 rule 7 of the fundamental Human Rights Acts.
Led by former President of Adara Development Association, Mr. Dio Maisamari, the elders are demanding the payment of damages ranging from arbitrary arrest, general exemplary damages that were in court, and special damages given the quantum of rights that were violated.
Addressing journalists, after the adjournment, lawyer of the complainants, Gloria Ballason said her client was unjustly imprisoned by the immediate past administration of the state for more than 3 months in 2019 and later released because nothing was found against them.
“We are here for a case of unjust imprisonment of the Adara Elders who were imprisoned in 2019, and they came to court to seek the enforcement of their fundamental rights.
“Their Chief, Rafael Maiwada Galadima, was killed in very questionable and curious circumstances about the same time this arrest occurred under the administration of Mallam Nasiru Elrufai.
”It so happened that my client standing here with me, Mr. Aweni Dio Maisamari had shown up at a meeting and wanted to inquire, but was bundled up and taken to prison, including 8 others. After more than 3 months, the court found nothing against them and the case was dismissed”
According to the lawyer, it was Mallam Elrufai who specifically directed that the President of the Adara Development Association, Mr. Dio Maisamar, should be picked without investigation and reasonable suspicion of a crime.
”The Nasiru Elrufai administration was well known to be that of a cocktail of rights violations including killings to wrongful imprisonments to attacks.”
”The claimants in the case are claiming damages which include, restraining the respondent from illegal orders and that’s including the State and perpetual injunction in the sum for NGN900 Million naira for arbitrary arrest, compensation of NGN100 million for general and and exemplary damages, NGN500 million for other damages that were in court, and special damages in the sum of NGN800 Millard given the quantum of rights that were violated,” Ballason stated.
The nine Elders are Engineer Bawa Magaji (Wazirin Adara), Sani Magaji (Commissioner of Police (retired)/Baradan Adara), Awemi Dio Maisamari (Adara Development Association President), Joseph Abdallah (Adara Development Association National Treasurer), Tanko Maisamari (Village Head Maro), Hosea Danladi (Village head Ungwan Gamo), Joseph Ayuba (Village Head Kutura), Tank Wada (Village Head Aguba), Ulu Maitumbi (Ungwan Barde Elder).
Background
In 2019, shortly after the death of the paramount ruler of the Adara people, Agom Adara, Maiwada Galadima, Kaduna state government introduced a law that split the chiefdom into two, and changed the way the people chose their paramount ruler.
This raised concern among the Adara people owing to how sudden and fast things were changing in their chiefdom. This was in addition to efforts by the acting chief to meet the governor proved abortive.
A source told journalists in 2019 that their concern was based on the fact that, “shortly after Agom Adara of Adara Kingdom died in a pre-arranged manner, the chiefs noticed a change in how information was flowing from the state and local government to the chiefdom because the Gazette was being implemented without consultation of the Adara people,” he said.
Having realized that they could not make a head way through their efforts, the people sought the legal services of lawyers and filed a case at the Kaduna State High Court of Justice, SUIT NO. KDH/KAD/72/2019.
“The elders were however arrested about a week to the first hearing. The five village heads among the elders were told to come for a peace dialogue with Fulani elders in the area; they thought it was a step towards peace so they went and were rounded up after they were made to write a statement while the Fulani Ardo was asked to go home.” the source added
While the office of Agom Adara have remained vacant since then, the newly created chiefdom, Kufana Chiefdom has already celebrated the upgrading of its District Head to a full fledge chief.
Iliya Kure contributed to this story.
