NEWS
House of the Emirs: Court to hear Bayero
Talk about a royal family fighting itself for a chance to seat the throne of the Emirship of Kano then we need not look further than the real life scenario of dethroned Ado Bayero and Muhammed Sanusi II. While the HBO series House of the Dragon talks fiction, the Kano Emir seat talks fact.
A Federal High Court in Kano ruled on Thursday that it has the jurisdiction to hear the human rights violation case filed by the dethroned Emir of Kano, Aminu Ado Bayero, and senior councillor Aminu Dan’agundi, following the reinstatement of Emir Muhammad Sanusi II.
The court issued an ex-parte order preventing Governor Abba Yusuf of Kano from reinstating Sanusi until the substantive suit against the reinstatement is resolved. Additionally, the court opposed the abolishment of four emirates—Bichi, Gaya, Karaye, and Rano—under a previously passed bill by the state House of Assembly.
Justice Liman instructed all parties to maintain the status quo until the suit filed by Sarkin Dawaki Babba and Aminu Babba-Dan’Agundi is determined.
The judge granted the plaintiffs permission to issue and serve their originating motion and other court processes to the sixth defendant, the Inspector General of Police, in Abuja, and outside the court’s jurisdiction.
The defendants in the suit include the Kano State Government, the Kano State House of Assembly, the Speaker of the State Assembly, the Kano State Commissioner of Police, the Inspector General of Police, the Nigerian Security and Civil Defence Corps, and the Department of State Security.
Justice Liman emphasized the importance of maintaining the status quo ante in the passage and assent of the bill.
He stated,
“That parties are hereby ordered to maintain status quo ante pending hearing of the fundamental rights application. In view of the constitutional and jurisdictional issues apparent on the face of the application, parties shall address the court at the hearing of the fundamental rights application, which is fixed for the 3rd of June, 2024.”
“To maintain the peace and security of the state, an Interim Injunction of this Honourable Court is granted restraining the respondents from enforcing, executing, implementing, and operationalizing the Kano State Emirate Law Council (Repeal) Law,” he added.
When the case resumed on Thursday, Justice Liman, citing Section 42 Sub-section 1 of the Constitution, affirmed the court’s jurisdiction to hear the case.
He noted:
“What I find intriguing is the respondents’ total reliance on this case of Gongola, whereas Section 42 Sub-section 1 of the Constitution has clearly spelled out the jurisdictional powers of the Federal High Court to preside over such a case.”
The plaintiff’s counsel, Chukwuson Ojukwu, argued that the matter is ready for hearing regarding the invalidity of the reappointment of a new Emir and the deposition of the 15th Emir, Aminu Ado Bayero.
However, A. G. Wakil contended that the new motion seeking to continue hearing on Chieftaincy Affairs issues was not part of the original summons and is a different application outside the matter of Human Rights Violation and the court’s jurisdictional powers, which had been decided.
Justice Liman clarified that the case was adjourned till Thursday, June 13, 2024, for ruling only, and nothing else. The judge adjourned the case till June 14, 2024, noting the sensitivity of the matter.
