On Thursday, a Federal High Court in Kano ruled that it has jurisdiction to hear the human rights violation case filed by the dethroned Emir of Kano, Aminu Ado Bayero, and senior councillor, Aminu Dan’agundi, following the reinstatement of Emir Muhammad Sanusi II.
The court, presided over by Justice Liman, issued an ex-parte order preventing Governor Abba Yusuf of Kano from reinstating Sanusi until a substantive suit against the reinstatement is resolved. Additionally, the order opposed the abolishment of four emirates—Bichi, Gaya, Karaye, and Rano—under a bill previously passed by the state House of Assembly.
Justice Liman directed all parties to maintain the status quo until the suit filed by Sarkin Dawaki Babba and Aminu Babba-Dan’Agundi is determined. The judge granted the plaintiff/applicant permission to issue and serve their originating motion and other court processes to the sixth defendant, the Inspector General of Police, in Abuja, outside the court’s jurisdiction.
The 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.
In his ruling, Justice Liman stated, “That parties are hereby ordered to maintain status quo ante pending hearing of the fundamental rights application. In view of the constitutional and jurisdictional issues apparent on the face of the application, parties shall address the court at the hearing of the fundamental rights application which is fixed for the 3rd of June, 2024.”
To maintain peace and security, an interim injunction was granted restraining the respondents from enforcing, executing, implementing, and operationalizing the Kano State Emirate Law Council (Repeal) Law. The judge emphasized that the status quo ante must be maintained until the fundamental rights application is heard.
When the case resumed on Thursday, Justice Liman, relying on Section 42 Sub-section 1 of the Constitution, affirmed the court’s jurisdiction to hear the case. He noted, “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 a power on our court to decide on this matter.”
During the session, the plaintiff’s counsel, Chukwuson Ojukwu, argued that the matter is ripe for hearing regarding the main issues of the invalidity of the reappointment of a new Emir and the deposition of the 15th Emir, Aminu Ado Bayero. However, 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 is a different application outside the matter of Human Rights Violation and the jurisdictional powers of the court, which the court had already decided.
Justice Liman explained that the matter was adjourned till Thursday, June 13, 2024, for ruling and nothing else. The case was further adjourned till June 14, 2024, as the matter was deemed too sensitive to delay.
