Deposed Emir Sanusi regains freedom

…Departs Nasarawa in company of Kaduna Gov

…He can go anywhere, including Kano, says el-Rufai.

…Court to hear substantive suit March 26

The Federal High Court sitting in Abuja on Friday granted an interim order releasing the deposed Emir of Kano, Mallam Muhammadu Sanusi II, from confinement and detention in Awe, Nasarawa State.

The order came just as the embattled deposed emir in his suit asked for an order directing the respondents to jointly and severally pay him the sum of N50 million for the unlawful and unconstitutional arrest and detention.

Kano State government had on Monday, March 9, 2020, deposed Emir Muhammadu Sanusi II for alleged disregard to constituted authorities, disloyalty, and refusal to attend council meetings amongst others and banished him to Loko town but later moved him to Awe town in Nasarawa State.

Justice Anwuli Chikere granted the order in a brief ruling on an ex-parte motion brought by Lateef Fagbemi (SAN) on behalf of the deposed Emir Sanusi.

The judge said that the defendants – Kano State government, Attorney General of the Federation, Inspector General of Police, Director Department of State Security Services are by the order directed to release Sanusi from confinement and detention pending the determination of the substantive matter.

Sanusi is allowed by law to exercise his right to freedom of movement in any part of the country except Kano pending the determination of the motion on notice.

Justice Chikere gave the order after listening to Chief Lateef Fagbemi (SAN) arguments. He said though the motion ought to have been heard without the defendants but they are in court because of the nature of the case which has attracted wide publicity.

The motion ex-parte specifically asked for two reliefs; one to release the applicant from confinement and detention to enable him as a citizen exercise his freedom of movement enshined in Constitution of Federal Republic of Nigeria.

Secondly, Fagbemi (SAN) said that going by the originating motion and prior to the issuance of letter deposing the monarch from his throne, the health of the applicant has been made known.

“As we speak, there is no criminal proceeding against him and he has opted not to go to Kano until the determination of the motion on notice.”

In the substantive matter, the applicant is seeking a declaration that respondents have no power to place him under house arrest, restrict his movement or to relocate him to anywhere either within or outside Kano State without a valid court order or his own consent.

A declaration that his arrest by the respondents and his confinement or detention in Awe, Nasarawa State without any court order was unlawful and unconstitutional and constitute an infringement of the applicant fundamental right to dignity.

A declaration that the relocation of the applicant infringe on his right to freedom of association and right to freedom of movement guaranteed under sections 34, 35, and 41 of the Constitution and Article 5, 6 and 12(1) of the African Charter amongst other.

Sanusi also seeks a perpetual order restraining the defendants and agents from curtailing his freedom of movement and association.

A further order compelling the defendants to render unreserved written apology for the breaches of his rights.

He also asked for an order directing the respondents to jointly and severally pay the applicant the sum of N50 million for the unlawful and unconstitutional arrest and detention.

Justice Chikere has adjourned the matter to March 26 for hearing.

Meanwhile, Sanusi after leading Friday’s Juma’at prayers left Awe at about 4:27 p.m., in company of Governor Nasir el-Rufai of Kaduna State with sources saying the deposed monarch was heading to Abuja.

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Before his departure from Awe, the aged mother of the former emir, Hajiya Saudatu Hussain, had arrived Awe on Friday morning, to meet her son.

However, Governor Nasir el-Rufai of Kaduna State on Friday said the deposed Kano emir can go anywhere, including Kano.

Fielding questions from journalists in Awe, Nasarawa State, on Friday, the governor said a Federal Capital Territory high court had ruled that Sanusi can go anywhere.

“As you know the federal high court in Abuja today (Friday) declared his detention illegal and unconstitutional and his banishment also in violation of the constitution, so he is free.

“He can live anywhere he wants including Kano city, if he wants. But we are on our way to Abuja. It is quite likely that the emir proceeds to Lagos which was his preferred destination from day one.

“From the day he was informed of his deposition, it was his wish to go to Lagos because part of his family is now in Lagos. And by the grace of God we’re on our way to Lagos,” el-Rufai said.

Explaining why he appointed Sanusi vice-chairman of Kaduna Investment Promotion Agency (KADIPA) after he was dethroned, el-Rufai said as emir his duty was to bring investors to Kano.

He added that with Sanusi free from the throne, he can help bring investors and investment to Kaduna.

He also said Sanusi has been with him from his teenage years and has never left him, stating that he also cannot leave the ex-emir at this time.