..Declares all actions by Kano Govt following passage of Emirate Council (Repeal) Law 2024 null and void
..Sanusi remains Emir, Kano Govt insists
A Federal High Court sitting in Kano on Thursday nullified the reappointment of Muhammadu Sanusi II as the 16th Emir of Kano.
Alhaji Aminu Babba-Dan’agundi, who holds the title of Sarkin Dawaki Babba, had, through his counsel, Ibrahim Aliyu-Nasarawa, filed a motion dated May 23, in which he asked the court to restrain the Kano State government from implementing the Kano State Emirate (Repeal) Law 2024.
The law had repealed the 2019 Emirate Council law that established five emirates from the original Kano Emirate.
With all Emirs sacked, the 14th Emir of Kano, Muhammad Sanusi II, who had been sacked by the Abdullahi Ganduje administration in March 2020, was reinstated as 16th Emir to replace Aminu Ado Bayero, who was was consumed by the repeal of the law.
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Dissatisfied with the development, Babba-Dangundi took the matter to court to seek a reversal of the removal of Bayero.
The respondents were the Kano State Government, Kano State House of Assembly, Speaker, Kano State House of Assembly, Attorney-General of Kano State and Commissioner of Police in Kano.
Others are the Inspector General of Police, Nigeria Security and Civil Defence Corps and the Department of State Security Service.
Delivering a ruling, Justice Abdullahi Muhammad-Liman declared that all actions carried out by the state government following the passage of the Kano Emirate Council (Repeal) Law 2024 were null and void.
“I hereby order that every step or actions taken by the respondents in pursuant to Kano Emirate Council Repeal Law 2024 is null and void and is set aside.
“However, this order does not affect the validity of the law,’’ he said.
He also ordered all parties to maintain the status quo ante.
He held that the respondents were aware of the earlier order dated May 23, to maintain status quo pending the hearing and determination of the case.
“I think it is a very serious matter for anyone to flout the orders of the court and go scot free with it.
“The catastrophic situation could have been averted if the respondents followed due processes by complying with the court order, which would still have allowed them to carry out their assignments.”
Muhammad-Liman granted the respondents’ application for stay of proceedings pending hearing and determination of their application at the court of appeal on jurisdiction.
“I hereby transfer the case to Justice Simon Amobeda, Federal High Court 3,” he said
Earlier, Counsel to the applicant, M. S. Waziri, had urged the court to nullify the Kano Emirates Council (Repeal) law 2024.
Counsel to Kano State House of Assembly and Speaker, Eyitayo Fatogun, told the court that he had filed a notice of appeal at the Court of Appeal and a motion on stay of proceedings.
Fatogun also applied to be recused from the matter, asking for an adjournment to enable his clients find another lawyer, and pending hearing and determination of his application at the court of appeal on jurisdiction.
Counsel to the Attorney General of Kano State and the State Government, Mr A. G. Wakil, aligned himself with the position of Fatogun.
Also, Counsel to the Commissioner of Police Kano and Inspector General of Police, Mr Sunday Ekwe, told the court that the duty of the police was to maintain peace in the state, and that was why they did not file any response on jurisdiction issue.
The News Agency of Nigeria (NAN), reports that the State House of Assembly on May 23 dissolved all the four newly created Emirate council’s in the state.
NAN reports that Gov. Abba Kabir-Yusuf, on May 23, dethroned the 15th Emir of Kano, Aminu Ado-Bayero, and reappointed Muhammad Sanusi II, as the Emir of Kano, four years after he was dethroned by former Governor Abdullahi Ganduje.
Meanwhile, the Kano State government has insisted that the 16th Emir of Kano, Muhammadu Sanusi II, remains the Emir following ruling of the court on Thursday.
This is just as the government ordered the state Commissioner of Police to remove the 15th Emir of Kano, Aminu Ado Bayero from the Gidan Nassarawa mini palace for demolition of building.
The State’s Attorney General and Commissioner of Justice, Haruna Isa Dederi, accompanied by the Secretary to the State Government, Baffa Bichi gave the order while addressing newsmen at the government house.
Dederi said Bayero should be removed from the Government property where he is trespassing as government has already concluded arrangements for the general reconstruction and renovation of the property including the demolishing and reconstruction of the dilapidated wall fence with immediate effect.
The statement reads: “You will recall that at our last press briefing, we had informed you that we would keep you posted relating to any further development in respect of our emirate cases. Today 20th June, 2024, the Federal High Court No. 1, Kano had passed its ruling in respect of the case before it.
“I have the honor, on behalf of His Excellency Gov. Abba K. Yusuf and the Kano State Government, to address you once again over the lingering litigation arising from the abolishing of the Five (5) emirates and deposition of the former emirs. (including the deposed emir of 8 metropolitan local governments)
“The Kano State Government acknowledges the ruling by the Federal High Court regarding the Kano Emirates Council (Repeal) Law, 2024 and views same as upholding the rule of law.
“By the ruling of the Court, it has unequivocally reaffirmed the validity of the law passed by Kano State House of Assembly and assented to by His Excellency the Executive Governor of Kano State on Thursday 23rd May, 2024 by 5:10pm.
“This part of the judgement is very fundamental to the entire matter. Further implication of the ruling is that all actions done by the Government before the emergence of the interim order of the honorable Court, are equally validated. This means that, the abolishing of the Five emirates created in 2019 is validated and the deposition of the Five emirs is also sustained by the Federal High Court.
“By implication this means that Muhammadu Sanusi II remains the emir of Kano. The judge also granted our application for the stay of proceedings until the Court of Appeal deals with the appeal before it on jurisdiction.
“Happily, the signing of the law and the reinstatement of His Highness, Emir Muhammad Sunusi II were done on 23rd May, 2024 before the emergence of the Interim Order which was served on us on Monday 27th May, 2024.
“Following this Court’s ruling, Kano State Government has directed the State Commissioner of Police to remove the deposed emir of the 8 metropolitan local governments from the Government property where he is trespassing as Government has already concluded arrangements for the general reconstruction and renovation of the property including the demolishing and reconstruction of the dilapidated wall fence with immediate effect.
“I want to congratulate and call on the good people of Kano State to remain peaceful and celebrate the success of the people without any hitch. May Allah SWT continue to protect our State and our government.”
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