Court guidelines on Kano emirate disaster June 13
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The Federal High Court in Kano, on Thursday, fastened June 13 to rule on whether or not or not it has the jurisdiction to entertain a go well with on the Kano emirate disaster.
Justice Abdullahi Liman adjourned for ruling after entertaining argument and counter-argument by the counsel for the applicant and the respondents.
Thursday’s proceedings held amid heavy safety presence.
There has been stress in Kano metropolis since May 23 when the state House of Assembly repealed the Kano Emirate Council Law 2019, which broke the Kano emirate into 5, resulting in the dethronement of the 14th Emir of Kano, Lamido Sanusi, and his substitute with Aminu Ado Bayero because the fifteenth Emir of Kano.
On May 24, Governor Abba Yusuf, appearing on the newly handed Kano Emirate Council Law of 1984 and 2024, reinstated Sanusi because the sixteenth Emir of Kano, edging out Bayero.
Bayero would, nevertheless, not go down and not using a struggle.
The go well with earlier than Justice Liman was filed by the Sarkin Dawaki Babba of the Kano Emirate, Aminu Dan’Agundi, who’s difficult the method that led to the repeal of the Kano Emirate Council Law 2019.
The repeal of the Kano Emirate Council Law 2019 by the Kano lawmakers additionally led to the dethronement of the dethronement of 4 different first-class Emirs of Rano, Gaya, Bichi, and Karaye, who have been put in in 2020 by former governor Abdullahi Ganduje.
Justice Liman, entertaining an ex parte utility in Dan’Agundi’s go well with on May 24, issued an order restraining the governor from going forward with enthroning Sanusi pending the dedication of the go well with.
Governor Yusuf, nevertheless, faulted the order and went on with Sanusi’s enthronement.
Named as respondents within the go well with are the Kano State Government; the Kano State House of Assembly; the Speaker, Kano State House of Assembly; the state’s Attorney General; the Kano Commissioner of Police; the Inspector General of Police; the Nigeria Security and Civil Defence Corps; and the Department of State Services.
The matter was scheduled for listening to on Monday, it was, nevertheless, stalled by the organised labour nationwide strike.
When the matter resumed for listening to on Thursday, counsel for the applicant, M.S. Waziri, instructed the decide that he had filed a written deal with centring on whether or not or not the court docket had the jurisdiction to listen to the go well with.
Waziri mentioned, “On the issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated 6th June and hereby adopt same and maintain that the court has jurisdiction to entertain the matter because the issue is of fundamental human rights is at stake.”
Waziri argued that his shopper “as a member of Kano Emirate Kingmakers ought to have been involved in the reinstatement of the new emir.”
“My Lord, a breach of fundamental rights has no timeline. I urge the court to proceed with the case,” he mentioned.
But the counsel for the primary and fourth respondents, Mahmoud Magaji (SAN), urged the court docket to say no the jurisdiction to entertain the matter.
According to him, the legislation has gone by legislative processes, first, second and third and the order got here solely after the motion was performed.
“The applicant is neither a member of the House of Assembly nor the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted,” Magaji argued.
Counsel for the second and third respondents, Ibrahim Wangida, aligned with Magaji’s submission and urged the court docket to say no jurisdiction.
Wangida mentioned, “The 2019 Kano Emirate Council Law, which gave the power to the applicant at the time of filing his action, was abolished, so he ceased to be a kingmaker as of the time he filed the action because the governor had already accented to the law.”
On his half, counsel for the fifth and sixth respondents, Sunday Ekwe, instructed the court docket that his shoppers weren’t in any method concerned within the matter, as a result of solely the police had the obligation to take care of peace.
After listening to all of the counsel, Justice Liman adjourned until June 13 for ruling.
