A Federal High Court sitting in Kano on Thursday, June 13, 2024, ruled to assume jurisdiction over a motion on notice brought before it by the Kano State Government’s deposed Emir, Aminu Ado Bayero, challenging his purported removal as Emir of Kano and the reinstatement of Emir Muhammad Sanusi by Governor Abba Kabir Yusuf.
Justice Mohammed Liman had during the last hearing on June 5, noted that there were two applications before the Court, namely the issue of jurisdiction and the legality and or otherwise of the dethronement of Emir Bayero and subsequent reinstatement of Emir Muhammad Sanusi as Emir of Kano.
In his ruling, the presiding Judge said the Court by the provisions of section 42 ,sub section 1 of the constitution of the Federal Republic of Nigeria as amended has the powers to hear the substantive suit .
“What I find intriguing is the respondent’s total reliance on the case of Gongola, whereas section 42, subsection 1 of the constitution has clearly spelt out the jurisdictional powers of the Federal High Court to preside over such cases.
My respectful view is that the case of Tukur against Gongola is indistinguishable with the present case. Section 42 sub section 1 and section 32 of the constitution have vested powers on our court to decide on this matter ” Justice Liman ruled.
The duo of Emir Bayero and Aminu Baba Dan’Agundi, one of the Emirate’s Kingmakers ( Sariki Dawakin Maituta) are in the substantive suit challenging the process that led to the amendment of the kano state 2019 Emirate laws by the state House of Assembly.
They are insisting that the legislators, in carrying out the amendment did not follow due process,and are therefore praying the court to declare the exercise null and void .
Similarly, Emir Bayero in the motion on notice is seeking the order of the court to declare as illegal ,null and void his purported dethronement and reinstatement of Emir Sanusi by the kano state Government as the Emir of Kano.
He faulted the process of his purported removal on the ground that ,he was not giving a fair hearing by the respondents in the process leading to his dethronement.
Other Respondents in the motion on notice are the Kano state House of Assembly, the Speaker of the state House of Assembly, the kano state Commissioner of Police ,the Inspector General of Police IGP,the Nigerian Security and Civil Defence Corps and the Department of State Services DSS .
The Source reports that Justice Liman had on June 23, granted an order restraining the Respondents from repealing,the kano State 2019 Emirate laws,dethroning Emir Bayero,and reinstating Emir Sanusi as the Emir of Kano,pending the hearing and determination of the motion on notice filed by the applicants .
“That in order 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 council ( Repealed ) law.
That parties are hereby ordered to maintain status quo ante on the passage and assent of the bill into law,pending the hearing of the fundamental rights application” Justice Liman had ruled .
Further hearing on the motion on notice has been been adjourned to June 14, 2024.
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