In this piece, ABBA KABARA captures the frustration of Zamfara citizens in the face of impending auction of state properties in obedience of court order.Friday 10th of February was the day the government of Zamfara state under the leadership of Abdulaziz Yari Abubakar surprised the public especially residents of the state. The surprise was not only shocking, but it was unprecedented in the history of the state.That was the day thousands of helpless citizens from both urban and rural areas of the state trooped to an area popularly known as Cotonuo Shiehi adjacent to the state secretariat to witness the public auction of properties belonging to government and people of Zamfara state, on the orders of the federal high court, approved by the federal court of appeal in Sokoto.Indeed, as residents waited in anguish to witness the auction exercise, a native of Shinkafi village captured the mood aptly when he said the incidence was a frantic demonstration of unprecedented lapses and utter disregard to the expectation of the electorate who toiled to massively return the government victorious during elections.Reflectively, it would be recalled that for failing to settle some of its contractual liabilities, the Zamfara state government was dragged to court by some aggrieved persons.Consequently and in obedience to court judgement, some assets of the state government were confiscated by the AMCON and marked for auction.Items marked for auction comprises of heavy duty machines including graders, caterpillars, tippers, costing billions of Dollars, all of which were procured by the government for rural investment to alleviate poverty.Others include many HILUX 2.7 WT.1 vans, many FORD (RANGE) and Toyota Hiace buses belonging to various ministries and parastatals and departments, which were also confiscated by AMCON officials.February the 10th was fixed as the day for the public auction of the properties.Surprisingly however, few hours through the auction exercise, team of policemen besieged the venue to stop the sell despite the court order, just as many bidders have already begun the payment awaiting payment receipts.The circumstances leading to the court ordered auction suggests that the Zamfara state government is a bad debtor; not only bad, but arrogantly stubborn, particularly when, according to the solicitor to the plaintiff, Barrister Bashir Isah, the governor refused to open up for a sincere dialogue to draw agreeable term on the loan recovery.According to Isah, the initial amount of N353m loan was procured by a private company from the Unity Bank in 2010, when the state government awarded it a contract for the establishment of the state owned Bright way mining and mineral processing company, but the money was, until 2014 not paid by the state governmemt, just as bank interest continues to accrue.He said the AMCON, which later took over the loan liability, dragged the government to the Federal high court Gusau after several appeals and follow-ups to recover the amount failed, adding that, the actual amount owing by the government, including the accrued interest and cost of litigation is N502m.Barrister Bashir explains that at the end of the federal court proceeding over the case in 2014, the court ordered the government to immediately settle the loan, but rather than complying with the court directive, the government decided to raise the case to the federal court of appeal Sokoto where it also lost the case.He said considering the state government flagrant refusal to settle the loan, we have no option than to confiscate some of its properties to recover the sum, explaining that if the amount could not be recovered from the sells value of the confiscated movable assets, we will certainly go for immovable assets where ever we may find them to ensure the full recovery of the amount.The auction was indeed, an opportunity to ensure full recovery as it marked a point where the assets earmarked for auction are being bided for formal transfer of ownership to successful bidders. Of course, police stormed the venue and halted it.Reacting to the action by the police, Barrister Bashir gave assurance that the issue will amicably be sorted out with the state commissioner of police.But then, some residents described the police action as not only an attempt to commit contempt of court, but an act that could also result in a breach of contract against the legitimate business transaction between the bidders and auctioneers who have already started receiving payments for purchase of the properties.A major public concern is that up to the moment the properties were being auctioned, there was no statement or explanation either from the governor himself or from any of his officials to clarify the government stand over the issue; as usual, the governor decides to remain silent as if the concerns of the citizens whose properties are being auctioned does not matter to him or the government which he superintend.Our correspondent reports that the circumstances surrounding the courts decision to order for the auctioning of some priced properties of the state lent credence to the fact that the Zamfara state government has an established a record as habitual debt defaulter.It would be recalled that in April 2014, the state was dragged to the state rent tribunal by an eighty-seven (87) year old man, Alhaji Umaru Mai Kudi through his solicitors, Gamzaki Law Chambers, over default for three years rent charges on office accommodation property.The building property located at Kantin Daji area Gusau, is a story building containing16 blocks of two bedroom flats, 12 stores and an additional office at the ground floor, accommodating two government ministries, three Special Advisers offices and five parastatals.Findings revealed that Alhaji Mai Kudi resorted to take legal action after over twenty times contacts with relevant state government officials in desperate attempts to recover the rent owed him for governments use of his properties.It was gathered that the said property was the old mans only reliable means of survival, but attempts to make government fulfil its commitment of paying the rent were futile hence the decision of the old man to seek legal redress.Our correspondent recalled that following the creation of the state twenty years ago when the government was seeking for the takeoff assistance, the said Alhaji Maikudi released the house to the state government for a one year free accommodation on arrangement for a subsequent annual tenancy fee of N6.4m naira.However, the state government allegedly reneged in paying the rent after successfully using the house for one year which was given for free.Speaking to our correspondent, counsel to the Alhaji Maikudi, Barr Tambai said we served government with a written notice of an upward review of the tenancy fees to an annual sum of N15m, but government kept mute for over four months, explaining that this silence is by law, accepted as a response in the affirmative,.Barrister Tambai said though we prayed the Tribunal headed by Justice Sirajo Aliyu Gusau to grant us the N15m naira annual charges, plus an amount of N5m to cover our cost of litigation, the judge in his final judgment on14th-Nov-2016, ruled that the defendant, government of Zamfara state to pay landlord, a sum of N19.275m as rent arrears for three years at the rate of N6.425m monthly, and the government should also pay to the plaintiff a sum of N6.425m for the period covering 1st Oct. 2016-30th Dec. 2017 if the defendant is interested in the continuance of the tenancy, and ruled that the payment of the arrears must be made before the end of December 2016.In addition, he said the Tribunal also ordered the state government to pay the plaintiff a legal cost of N4.225m covering the period from the filing the case to the date of judgment, but up to this moment, four months now after the judgment, the government is still insensitive to sympathize with the socioeconomic situation of the 87 year old man and pay him the moneyIn a letter addressed to the state secretary to the state government, Professor Abdullahi Muhammad Shinkafi, the solicitors to the plaintiff frowned at the state governments failure to comply with the tribunal ruling insisting that the action is a show of flagrant disregard to the law and can amount to contempt of the court.The solicitor warned that in the event that the government, after the expiration of the two weeks extension, still refuses to comply with the court order, The plaintiff shall take all necessary action to enforce the judgment, and will resist any threat or intimidation from the defendant by using any apparatus of government under whatever guise.Surprisingly, the state government has not said anything concerning the issues raised by solicitors to the old man even as it declined comment when accosted by our correspondent to react to mountain of concerns raised including issues surrounding the auction.But even as the government kept mute preferring not to say anything on the matter, there are strong indications that governor Yaris alleged high handedness, administrative rigidness, one-man style of leadership, have remain part of what analysts view as challenges undermining his political grip in the state.Our correspondent reports that Yari hardly spends one whole week in the state and understandably, his habitual absence from the state has remained a major source of public concern, particularly in the face of security challenges still threatening the citizens, claiming alarming number of lives and properties.
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