New twist as court rules deposed Kano Emir has valid case

A Federal High Court, sitting in Kano, has ruled that the deposed Emir of Kano, Aminu Ado Bayero, has jurisdiction to be heard in the human rights violation case against the state government.

The ruling was delivered by Justice Liman Mohammed on Thursday, June 13, 2024.

Kingmakers, Sarkin Dawaki Babba and Aminu Dan’agundi, had filed a fundamental human rights case after Bayero was dethroned to pave the way for the reinstatement of Emir Muhammad Sanusi II.

Relying on Section 42 Sub-section 1 of the Constitution, Justice Liman said the court has powers of jurisdiction to hear the case.

“What I find intriguing is the respondents’ total reliance on this case of Gongola, whereas Section 42 Sub-section 1 of the Constitution has clearly spelt out the jurisdictional powers of the Federal High Court to preside over such a case.

“My respectful view is that the case of Tukur against the Gongola is indistinguishable from the present case. Section 42 Sub-section 1 and Section 32 of the Constitution has vested power on our court to decide on this matter,” the judge noted.

Seeking continuation of the case, the plaintiff's counsel, Chukwuson Ojukwu, argued that the matter concerning the invalidity of the reappointment of a new Emir and the deposition of Bayero was ripe for hearing.

However, one of the defendants' counsel, A.G Wakil, contended that the new motion seeking to continue hearing on the Chieftaincy Affairs issues was not part of the original summons and separate from the matter of Human Rights Violation and jurisdictional powers of the court.

Before adjourning the case till Friday, June 14, Justice Liman explained that the session was for ruling only and nothing else.

The Kano emirship legal battle

Recall the court had issued an ex-parte order restraining Governor Abba Yusuf from reinstating Sanusi until a substantive suit against the reinstatement is resolved.

The order also nullified the abolishment of four emirates —Bichi, Gaya, Karaye, and Rano— under a bill previously passed by the state House of Assembly.

Justice Liman instructed all parties to maintain the status quo until the suit filed by Babba and Dan’Agundi is determined.

The defendants in the suit include the Kano State Government, the Kano State House of Assembly, the Speaker of the State Assembly, the Department of State Security (DSS), the Inspector General of Police, the Kano State Commissioner of Police, and the Nigerian Security and Civil Defence Corps (NSCDC).