By Gideon Njoku
A Federal High Court sitting in Kano, has put a halt to the joy of the loyalist of the 14th Emir of Kano, Sanusi Lamido Sanusi, by the implementation of repealed Kano Emirate Law.
The immediate result of the suspension is that it also affects the reappointment/reinstatement of Sanusi, deposed 14th Emir of Kano Emirate, as the 16th Emir of the Emirate.
The Kano State House of Assembly had, on Thursday, May 23, repealed the Law enacted during the Administration of Dr Abdullahi Ganduje which balkanised the revered ancient Kano Emirate into five Emirates, with five Emirs. The Law appointed then Emir of Kano Emirate, Sanusi, whose power had been whittled as the Permanent Chairman of the five Emirates. Sanusi was later deposed, for, among other reasons, insubordination by the Ganduje Administration.
However on Thursday, the Kano Assembly repealed the Law, scrapped the balkanisation of the Kano Emirate into five, and returned them to just one Emirate, Kano.
A few hours later, Kano State Governor, Abba Yusuf, sacked the five Emirs, gave them 48 hours to vacate their Palaces, and reinstated Sanusi as the Emir of Kano Emirate.
But a suit brought before the Presiding Judge, Justice A.M Liman by Alhaji Aminu Bappa Dan Agundi ( Sarkin Dawaki Babba), on Thursday has stopped that.
In a ruling, the Court held that the implementation and the operation of the Kano State Emirate Council (Repeal) Law, 2024 (1445 A.H), enacted and signed into law by Governor Yusuf be suspended.
The Court ordered the following: “ An order of Interim Injunction of this honourable Court suspending not giving effect to, not implementing the Operation of the Kano State Emirate Council (Repeal) Law 2024 (1445 A.H), as they affect all offices and institutions of all the Emirate Councils created under the provision of Kano State Emirate Council Law, 2019, (1441 A.H).
“An order of Interim Injunction of this Honourable Court restraining the 5th – 8th Respondents from enforcing, executing, implementing and operationalizing the Kano State Emirate Council (Repeal) Law 2024.
“ In the alternative to relief 3 above, an Order of Interim Injunction of this Honourable court for the maintenance and preservation of the subject matter and or the preservation of the status quo by all parties to this suit, pending the hearing and determination of the plaintiff/applicant’s Originating motion before this Honourable Court as well as AN ORDER of accelerated hearing on this matter.”
In granting an ex-parte order stopping the Kano State Government from reinstating Emir Muhammadu Sanusi II,
filed by Sarkin Dawaki Babba, Aminu Babba-Dan’Agundi ordered a return to status quo.
He “granted leave to the Plaintiff/Applicant to issue and serve their Concurrent Originating Motion as well as all other court processes on the 6th Defendant (IGP) in FCT Abuja and outside the jurisdiction of the Honourable Court.
“That parties are hereby ordered to maintain status quo ante the passage the
and assent of the bill into pending hearing of the Fundamental Rights application.
“That In view of the Constitutional and Jurisdictional Issues apparent on the
face of the application, parties shall address the Court on same at the hearing of the
Fundamental Rights application which is fixed for the 3rd of June, 2024.
“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 Law Council (Repeal) Law.
“That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into pending the hearing of the Fundamental Rights application.”
Thereafter, the Court adjourned to 3rd June, 2024 for the hearing of the Fundamental Rights application.
It is not known what action the Kano State Government will take next.
