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Court strikes out suit filed by hoteliers, bar proprietors challenging ban on alcohol sale

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Court strikes out suit filed by hoteliers, bar proprietors challenging ban on alcohol sale


Justice Kabir Dabo of Kaduna State High Court 1, sitting Dogarawa Zaria on Wednesday struck out a suit filed by proprietors of bars and hoteliers, challenging the ban on sale of alcohol.

Mr Ezenobi Godwin and Mr Adeola Sunday filed the suit against Sabon Gari Local Government Council on behalf of themselves and all members of the Hoteliers and Beer Parlour Proprietors Association Sabon Gari Local Government Area.

Delivering a ruling, Justice Dabo struck out the case for want of diligent prosecution.

Mr Mohammed Yahuza the lead counsel for Sabon Gari Local Government, told the court that the case was adjourned for hearing of the substantive application and neither the Plaintiff nor their counsel was in Court.

The presiding judge enquired from the Court Registrar whether plaintiff counsel has applied for a stand down or adjournment.

The Registrar said there was no any communication from the Plaintiffs.

The defendant’s Counsel therefore said that the absence of the Plaintiffs indicated that they were not interested in prosecuting the matter and apply that the matter be struck out.

He also applied that the restraining order issued by the Court should also be vacated and the presiding judge Justic Kabir Dabo granted the application.

The News Agency of Nigeria reports that on June 11, the Plaintiffs sued Sabon Gari Local Government, seeking a declaration that the Constitution of Federal Republic of Nigeria 1999 (as amended) does not confer on the dependent the function of prohibiting the sale or consumption of liquor.

They also sought a declaration that the defendant cannot as a matter of choice refuse to perform its constitutional function of licensing the sale of liquor.”

On the same June 11 the Plaintiffs applied for an Ex-Parte Application for an interim injunction restraining Sabon Gari Local Government from stopping/closure of beer parlours, or sale of liquor, brothels in Sabon Gari Local Government.

The court ordered that status quo ante be maintained in the case and also ordered that the defendant should file appearance within seven days and response to the summons within seven days so that the Originating summons can be heard within shortest possible time.

The defendant through its counsel maintained that it was not banning sale and consumption of liquor in the area but enforcing its constitutional powers to regulate it at local government level.

It added that the Association has failed to renew its licences since 2018.

The local government also filed a preliminary objections to the suite which was hinged on the failure of the Plaintiff to issue Pre-action notice and improper service of the court process which offends sections 79 (2) of Kaduna State Laws.

Edited By: Sadiya Hamza (NAN)

Adamu Yauri: is a graduate and a professionally trained journalist, with experience in national news reporting/editing and verification at the News Agency of Nigeria. NNN is a Nigerian online news portal that publishes breaking news in Nigeria, and across the world. Our journalists are honest, fair, accurate, thorough and courageous in gathering, reporting and interpreting news in the best interest of the public, because truth is the cornerstone of journalism and they strive diligently to ascertain the truth in every news report. Contact: editor[at]nnn.com.ng

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