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By: Umar Maradun

A Group under the aegis of  Zamfara Circle in Zamfara state  has a filed suit before Zamfara State High Court  over alleged breach of contract between the telecommunication companies and  the subscribers in the state.

They argued that the prolonged shut down of network services in the state has caused suffering and losses to the teaming subscribers of the network services in the state and want the court to determine whether the plaintiffs are entitled for damages as result of the losses they suffered.

That the Defendants unilaterally shut down all communication services throughout Zamfara State since 3rd September, 2021 and never sought and obtained any order of a court of law. 

Six out of 14 local government areas in the state are currently without telecommunication services.

In a motion ex-parte filed at the court in Gusau on Monday by the Plaintiff/Applicant Zamfara Circle Community Initiative, Musa Umar and Ahmed Jamilu,  said that their claim is based on breach of contract entered into in Zamfara State between the Plaintiff and Defendants/Respondents, MTN Nig. Communication Ltd., Globacom Ltd. and Bharti Airtel Ltd respectively for the provision of telecommunication services including internet and emails.

Also, joined in the suit are the Executive Governor of Zamfara State, Attorney-General and Commissioner for Justice of Zamfara State and Nigeria Communications Commission,NCC as 1st, 2nd and 3rd Defendants/Respondents respectively. 

The motion was brought pursuant to Order 15 Rule 3 (1) of the High Court of Zamfara State (Civil Procedure) Rules 2014, sections 96, 97, 98 and 99 of the Sherriff and civil process Act, Cap 551, LFL 2004 as well as the inherent jurisdiction of the court.

The suit is praying the court to determine among others, wether there exists between the Plaintiffs and the 4th, 5th and 6th Defendants, a binding contract for the provision of telecommunication services including internet and email?

Similarly, wether the directive of the 1st and 3rd Defendants to the 4th, 5th  and 6th  Defendants to unilaterally shut down the telecommunication services in Zamfara State on the 3rd September, 2021 thereby denied the Plaintiffs access to the use of telecommunication services in the State is not a breach of the contract between the Plaintiffs and the 4th, 5th and 6th Defendants.

Also determine wether the Plaintiffs are not entitled to damages against the Defendants arising from direct losses suffered by them within the period that the 4th, 5th and 6th Defendants shut down of telecommunication services including internet and email in Zamfara State.

Other prayers for determination by the court include that the relationship between the Plaintiffs and the 4th, 5th and 6th Defendants is contractual and binding and  that the directive of the 1st and 3rd Defendants to the 4th, 5th and 6th Defendants  to unilaterally shut down telecommunication services in Zamfara State on the 3rd September, 2021 induced a breach of the contractual relationship between the Plaintiffs and the 4th, 5th, and 6th Defendants.

Also seeking an order from the hounorable court to direct the Defendants to immediately restore telecommunication services in Shinkafi, B/ Magaji, Zurmi, Maru, Maradun and Bakura Local Government Areas of Zamfara State.

The siut is also praying the court to direct the Defendants, jointly and severally, to pay damages of One Hundred Million Naira (N100,000,000.00) damages for direct loses suffered by the Plaintiffs, with additional Six Million Naira (N6,000,000.00) being the cost of prosecuting this suit.

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Some suspected gunmen blocked the Kaura Namoda-Shinkafi Highway on Wednesday at around 12:00pm and opened fire on a Golf car which was driving toward Shinkafi from Kaura Namoda.

According to a source, the bandits laid ambush on the incoming car and opened fire on the passengers conveyed inside the car.

Two persons were killed instantly while four others were wounded and rushed to the General Hospital, Kaura Namoda.

According to the source, the injured after receiving first aid treatment were later moved to an advance health facility in Gusau for advance medical attention.

Effort to speak to the Police Spokesperson SP Shehu Muhammad has failed as at the time of filing this report

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The Minister of Defence, Maj Gen Bashir Magashi, has confirmed the missing of about 600 inmates from the Medium Security Custodial Centre, Kuje, as 300 inmates were retrieved from bushes.

Speaking with newsmen, in Abuja, Magashi said they suspect the attack was carried out by the Boko-Haram terrorist sect.

He said, “They attempted the initial entry with a very high explosive, but they were unsuccessful”.

According to him, after the unsuccessful first attempt, then they attacked another section of the wall with even higher grade explosive which brought the wall down.

He explained that the forces on the ground did everything they could to repel them but the number of the terrorists they came with was overwhelming which they were not able to fight against.

“The incident took about 30 minutes, before the reinforcements arrived”.
The Minister gave the figure of the inmates at about 994 inmates in the prison.

“We understand, the attackers were Boko Haram, and they came specifically to get their co-conspirators freed”, he added.
He lamented that majority of the terrorists freed from the prison are now in the general population.

“But many of them have returned, they have reported themselves to the police, some we have successfully retrieved from the bushes where they were hiding”, The Minister added.

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Katsina state police command has announced the murder of ACP Aminu Umar during a special operation along at Zakka village in Safana local government area of the state.

The Spokesperson of the police in Katsina SP Gambo Isah said in a statement that, one other police operative also lost his life during the operation.

“ A distress call was received that terrorists numbering over three hundred (300), on motorcycles, shooting sporadically with AK 47 rifles and General Purpose Machine Guns (GPMG), ambushed ACP Aminu Umar, Area Commander, Dutsinma and team, while on clearance operation of recalcitrant bandits/terrorists, in Zakka forest, Safana LGA of Katsina state”.

“Consequently, the Area Commander and one other gallantly lost their lives during a cross exchange of gun fire”.

According to Gambo Isah the Police Commissioner condoles the families of the deceased and prayed for God almighty to grant the deceased eternal rest.

He re-affirms the commitment of the police in fighting insecurity and insurgency and ensure that peace has returned to the state.

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