A Kano high court has issued an ex-parte order restraining the Kano State government and four other parties from taking any action against private schools operating in the state.
The court has also ordered all parties involved to maintain the status quo pending the hearing and determination of the motion on notice, according to The Guardian.
The defendants in this case include the Kano State government, the State Governor, the Attorney General and Commissioner for Justice, the Private and Voluntary Institutions Board, and Comrade Baba Abubakar Umar, who serves as the Special Adviser to the Governor on Private Schools.
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The Incorporated Trustees of the Association of Model Islamic Schools and four other plaintiffs are accusing the defendants of infringing upon the rights of private school owners by taking illegal actions on matters of concern.
Specifically, the discontenance plaintiffs deemed it legally to stop the defendants, and essentially the 5th Defendant (Comrade Baba Abubakar Umar) from continuing to act arbitrarily when he (5th defendant) is not the head of the Kano State Private and Voluntary Institution Board but a mere special adviser to the Governor.
Hence, the suit itself challenges his powers to act or usurp the powers and responsibilities of the Board.
The school owners are particularly agitated by the recent notice of reminder of non-compliance with Kano state law 2014 served on the applicants. Also, dissatisfied was the proclamation to revoke operating licenses of the private school based on some ‘flimsy’ reasons in August 12, asking them to come forward to revalidate their licenses in default of which government will shut down the schools.
“The motion ex-parte praying an order of interim injunction restraining the defendants/respondents especially the 5th, their agent, staff and or privies from taken any steps or give effect to the undated notice titled:
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“Alternatively an order of the honorable court ordering parties to maintain status quo ante bellum pending the hearing and determination of the motion on notice. And for such further orders as this honorable court may deem it fit to make in the circumstances.”
The applicants include the Incorporated Trustees of Association of Model Islamic Schools; The Incorporated Trustees of Independent Schools Proprietors Association, Kano; The Incorporated Trustees of National Association of Proprietors of Private Schools, Kano Chapter; The Incorporated Trustees of Association of Private Schools Owners of Nigeria, Kano state Chapter; and The Joint Committee of Private Schools Proprietors Association in Kano state.
Justice Saminu has adjourned the matter to November 21 for mention.