Emir Bayero vs Emir Sanusi: Court Awards N10 Million Damages Against Kano Govt, Quashes Gov Yusuf  Arrest Order

By Suleiman Anyalewechi

The Kano State Government- dethroned  Emir of Kano, Aminu Ado Bayero, on Friday June 14, 2024, recorded yet another judicial victory, following an order by a Federal High Court sitting in Kano for the state authorities to pay him the sum of ten million Naira.

According to the presiding Judge, Simon Amobeda, the sum represents damages to the deposed Emir as a result of the violations of his fundamental human rights .

Only on Thursday June 13 ,Justice Mohammed Liman of another Federal High Court Kano had ruled to assume jurisdiction in another case instituted by Emir Bayero challenging the constitutionality of his purported dethronement by the kano state Government .

The Source reports that Governor Abba Kabir Yusuf, had on May 23, 2024, while brushing aside a restraining order proceeded to dethrone Emir Bayero and four others, as well as reinstating Emir Muhammad Sanusi who was in 2020, deposed by the immediate past Governor ,Dr Abdullahi Umar Ganduje.

Governor Yusuf had also given Emir Bayero and those of Gaya ,Karaye,Rano and Bichi ,a 48-hour ultimatum to vacate their various Palaces and hand over all the paraphernalia of the positions to the State Deputy Governor, Abdulsalami Gwarzo.

But irked by the development, deposed Emir Bayero approached the court seeking an enforcement and protection of his fundamental human rights, in addition to the declaration of his purported dethronement as null and void .

Justice Amobeda aside the award of N10 million damages against the Kano State Government, also assumed jurisdiction to entertain the application by Emir Bayero for the enforcement of his fundamental human rights.

The Court similarly ordered that the movements of Emir Bayero and personal liberty should not, in any way, be impeded by the Kano State Government which had earlier directed the arrest of Emir Bayero following his return to kano on May 25 two days after his dethronement.

Further in his ruling, Justice Amobeda insisted that he is duty-bound to first establish the issue of jurisdiction, ahead of hearing of the substantive suit,noting that without jurisdiction, all proceedings will amount to a nullity.

The presiding Judge said that relevant sections of the constitution of the Federal Republic of Nigeria, as amended, have conferred on the Court the powers to assume jurisdiction because the issues under consideration border on abuse of fundamental human rights of the applicant.

Part of the reliefs being sought by Emir Bayero according to Justice Amobeda are payment of N5 billion,as damages from the kano state Government, for the breach of his fundamental human rights, and enforcement of his Rights  to free movement and personal liberty.

“It is the duty of the court to protect the rights of every citizen ,but that protection can not be done in a vacuum. A person crying over violation of his fundamental human rights must provide cogent and vital evidence to that effect to which the applicant has successfully provided .

The applicant noted that in 2019, the then Government of Kano State used the Kingmakers to select a new Emir, but surprisingly, on Thursday May 23, 2024, the Governor of Kano State, Abba Yusuf insisted that he had deposed the applicant, ( Bayero), and ordered  the police to arrest him after giving him 48 hours to vacate the palace.

“To this end, I so hold that without any lawful jurisdiction, the applicant was threatened and his fundamental rights to liberty as guaranteed in sections 35 (1) of the 1999 constitution was breached .

“Similarly, the action of the Government which has forced the applicant into a house arrest preventing him from going about his lawful business ,constitutes a flagrant violation of his fundamental rights to freedom of movement as guaranteed under section 41 (1) of the 1999 Constitution.” Justice Amobeda ruled .

The Court, also, restrained the Police, DSS and other Security Agencies, either by themselves, their agents servants, privies or any other persons or authority from arresting, detaining or harassing Emir Bayero.