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Thursday, June 6, 2024

Kano Emirate Tussle: Court to rule on jurisdiction June 13

Justice Abdullahi Muhammad-Liman adjourned the matter until June 13 for a ruling on the matter of jurisdiction.

• June 6, 2024
Sanusi and Bayero
Sanusi and Bayero

The Kano Division of the Federal High Court has fixed June 13 for ruling in an application challenging the court’s jurisdiction to entertain the implementation of the Kano Emirate Council (Repeal) Law 2024.

The applicant, Aminu Babba-Dan’agundi ( Sarkin Dawaki Babba), through his counsel, Ibrahim Aliyu-Nasarawa, filed a motion exparte dated May 23.

The applicant is asking the court to restrain the respondents from enforcing, implementing and operationalising the Kano State Emirate repeal law and reinstating Emir Muhammad Sanusi II.

The respondents are the Kano State government, the Kano State House of Assembly and its speaker, the Attorney-General of Kano State, and the Commissioner of Police Kano.

Others are the Inspector General of Police, the Nigeria Security and Civil Defence Corps and the State Security Service.

When the case came up for hearing on jurisdiction issues, counsel to the applicant, M S Waziri, filed a written address dated June 6, in compliance with the court’s order.

“I hereby adopt the same and maintain that the court has jurisdiction so long because it is an issue of fundamental rights to fair hearing.

“The applicant ought to have been involved as a member of the Kano State Kingmakers in reinstating the new emir of Kano,” he said.

Mr Waziri urged the court to proceed with the case, adding that a breach of fundamental rights has no timeline.

Responding, counsel to the Kano State government and attorney-general of Kano, Mahmoud Abubakar-Magaji (SAN), filed a written address dated June 3 and filed on June 6 on the jurisdiction issue.

“The emirate law went through legislative processes, and the order of this court came only after the action was done and my client was served on May 27,” said Mr Abubakar-Magaji.

He urged the court to decline jurisdiction to entertain the matter.

“The applicant is neither a member of the House of Assembly nor  Commissioner for Chieftaincy Affairs; he may not need to be consulted as only the House of Assembly has the power and authority to make law,” he stated.

Ibrahim Isa-Wangida,  the counsel to the Kano State House of Assembly and speaker, filed processes on the jurisdiction issue dated June 5.

Mr Isa-Wangida argued that the applicant could not claim his fundamental rights had been breached because the governor repealed and accented the 2024 Emirate law before the applicant filed the matter.

He said the 2019 Kano Emirate Council law, which gave the applicant power at the time of filing his action, had been abolished.

Also, counsel to the Commissioner of Police in Kano and Inspector General of Police, Sunday Ekwe, told the court that the police’s duty was to maintain peace in the state, which is why they did not file any responses on the jurisdiction issue.

Justice Abdullahi Muhammad-Liman adjourned the matter until June 13  for a ruling on the matter of jurisdiction.

The court granted an interim injunction order on May 23 directing parties to maintain the status quo ante, the passage and assent of the bill pending the hearing of the Fundamental Rights application.

The court also restrained the fifth to eighth respondents from enforcing, executing, implementing and operationalising the Kano State Emirate Council (Repeal) Law 2024.

Governor Abba Kabir-Yusuf, on May 23, dethroned Emir Aminu Ado-Bayero and reappointed Sanusi II as the Emir of Kano, four years after former Governor Abdullahi Ganduje dethroned him.

(NAN)

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