A Federal High Court in Kano has ruled that it has the jurisdiction to preside over the human rights violation case brought by deposed Kano Emir Aminu Ado Bayero and senior councillor Aminu Babba DanAgundi, following the reinstatement of Emir Mohammadu Sanusi II.
The court had previously issued an ex-parte order preventing Governor Abba Kabir Yusuf of Kano from reinstating Sanusi until a substantive suit against his reinstatement is resolved. This order also opposed the abolishment of four emirates—Bichi, Gaya, Karaye, and Rano—by a bill passed by the State House of Assembly.
The court directed all parties to maintain the status quo pending the resolution of the suit filed by Sarkin Dawaki Babba and Aminu Babba DanAgundi. Justice Liman granted the plaintiff permission to issue and serve their originating motion and other court processes to the 6th defendant, the Inspector General of Police, in the FCT, Abuja, and outside the court’s jurisdiction.
Defendants in the suit include the Kano State Government, the Kano State House of Assembly, the Speaker of the State Assembly, the Kano State Commissioner of Police, the Inspector General of Police, the Nigerian Security and Civil Defence Corps, and the Department of State Security.
Justice Liman ordered all parties to maintain the status quo regarding the passage and assent of the bill, stating, “Parties are hereby ordered to maintain status quo ante pending the hearing of the fundamental rights application.”
He emphasized the constitutional and jurisdictional issues that need to be addressed during the hearing of the fundamental rights application, scheduled for June 3, 2024. To maintain peace and security, the court issued an interim injunction preventing the respondents from enforcing the Kano State Emirate Law Council (Repeal) Law.
When the case resumed, Justice Liman, referencing Section 42 Sub-section 1 of the Constitution, affirmed the court’s jurisdiction to hear the case. He noted, “The case of Tukur against Gongola is indistinguishable from the present case. Section 42 Sub-section 1 and Section 32 of the Constitution have vested our court with the power to decide on this matter.”
The plaintiff’s counsel, Barrister Chukwuson Ojukwu, argued that the case was ready for hearing regarding the invalidity of the reappointment of a new Emir and the deposition of the 15th Emir, Aminu Ado Bayero. However, Barrister A. G Wakil contended that the new motion to continue hearing on the Chieftaincy Affairs issues was outside the original summons and unrelated to the human rights violation and jurisdictional powers already decided by the court.
Justice Liman clarified that the matter was adjourned to June 13, 2024, for ruling only, and later adjourned the case to June 14, 2024, citing the sensitivity of the issue.