…Kano Govt insists Sanusi remains Emir
…Kano govt orders demolition of Ado-Bayero’s palace
The Federal High Court sitting in Kano and presided over by Justice A. M. Liman, has set aside the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
The court refused to nullify the Kano Emirate but set aside steps by the state government in pursuance of the law.
The judge, Justice Liman, however, while delivering his ruling, ordered that status quo be maintained by all parties.
According to him, “I hereby order that every step taken by the defendant in pursuant to Kano State Emirate Council Law are hereby annulled and set aside.
“However, this order does not affect the validity of the law, which is the subject matter, and refuse the prayer by the applicant to nullify the law.
“I order that status quo be maintained,” the judge, Justice Liman, however, said.
The judge bases his ruling on the ground that the government is aware of the court order to maintain status but went ahead to take further steps and actions.
“I am convinced that the respondents are aware of the order dated May 23, to maintain status quo pending the hearing and determination of the case.
“I think it is a very serious matter for anyone to flout the orders of the court and go scot free with it.
“The catastrophic situation could have been averted if the respondents followed due process by complying with the court order, which would still have allowed them to carry out their assignments,” he said.
Recall earlier that counsel to the applicant, M S Waziri, urged the court to nullify the Kano Emirates Council (Repeal) law 2024.
Similarly, Justice Liman, while delivering ruling on the stay of proceedings, granted the application for stay of proceedings on jurisdiction of the court to entertain the matter.
Recall earlier that Counsel to Kano State House of Assembly and Speaker, Eyitayo Fatogun SAN, told the court that he has filed a notice of appeal at the court of appeal and motion on stay of proceedings.
Fatogun also applied to be recused from the matter, asking for an adjournment to enable his clients to find another lawyer and pending hearing and determination of his application at the court of appeal on jurisdiction.
Counsel to Attorney General of Kano State and the State Government, Mr A.G Wakil, aligned himself with the position of Fatogun.
Also, Counsel to the Commissioner of Police Kano and Inspector General of Police, Mr Sunday Ekwe, told the court that the duty of the police was to maintain peace in the state, which is why they did not file any responses on jurisdiction issue.
Recall that the applicant, Sarkin Dawaki Babba of the Kano Emirate, Aminu Babba Dan’Agundi, had approached the court seeking his fundamental human rights and that the court should restrain the respondents from enforcing, implementing, and operationalizing the repealed law.
However, respondents in the suit are Kano State Government as 1st respondent, Kano State House of Assembly (2nd), Speaker of Kano State House of Assembly (3rd), Attorney General of Kano State (4th), Kano Commissioner of Police (5th), Inspector General of Police, IGP (6th), NSCDC and the DSS as 7th and 8th respondents, respectively
Kano govt insists Sanusi remains Emir; orders demolition of Bayero’s mini-palace
Kano State government has insisted that the 16th Emir of Kano, Muhammadu Sanusi II, remains the Emir following Thursday’s ruling of the court.
This is just as the government ordered the state Commissioner of Police to remove the 15th Emir of Kano, Aminu Ado Bayero from the Gidan Nassarawa mini-palace for demolition of building.
The state’s Attorney-General and Commissioner of Justice, Haruna Isa Dederi, accompanied by the Secretary to the State Government, Baffa Bichi, gave the order while addressing newsmen at the government house.
Dederi said Bayero should be removed from the Government property where he is trespassing.
He added that government had already concluded arrangements for the general reconstruction and renovation of the property, including the demolition and reconstruction of the dilapidated wall fence with immediate effect.
Govt’s statement
The statement read: “You will recall that at our last press briefing, we had informed you that we would keep you posted relating to any further development in respect of our emirate cases.
“Today 20th June, 2024, the Federal High Court No. 1, Kano had passed its ruling in respect of the case before it.
“I have the honor, on behalf of His Excellency Gov. Abba K. Yusuf and the Kano State Government, to address you once again over the lingering litigation arising from the abolishing of the five (5) emirates and deposition of the former emirs. (including the deposed emir of 8 metropolitan local governments)
“The Kano State Government acknowledges the ruling by the Federal High Court regarding the Kano Emirates Council (Repeal) Law, 2024 and views same as upholding the rule of law.
“By the ruling of the Court, it has unequivocally reaffirmed the validity of the law passed by Kano State House of Assembly and assented to by His Excellency the Executive Governor of Kano State on Thursday 23rd May, 2024 by 5:10pm.
“This part of the judgement is very fundamental to the entire matter. Further implication of the ruling is that all actions done by the Government before the emergence of the interim order of the honorable Court, are equally validated. This means that, the abolishing of the Five emirates created in 2019 is validated and the deposition of the Five emirs is also sustained by the Federal High Court.
“By implication this means that Muhammadu Sanusi II remains the emir of Kano. The judge also granted our application for the stay of proceedings until the Court of Appeal deals with the appeal before it on jurisdiction.
“Happily, the signing of the law and the reinstatement of His Highness, Emir Muhammad Sunusi II were done on 23rd May, 2024 before the emergence of the Interim Order which was served on us on Monday 27th May, 2024.
… demolition
“Following this Court’s ruling, Kano State Government has directed the State Commissioner of Police to remove the deposed emir of the 8 metropolitan local governments from the Government property where he is trespassing as Government has already concluded arrangements for the general reconstruction and renovation of the property including the demolishing and reconstruction of the dilapidated wall fence with immediate effect.
“I want to congratulate and call on the good people of Kano State to remain peaceful and celebrate the success of the people without any hitch. May Allah SWT continue to protect our State and our government.”
