The Federal High Court in Kano has affirmed its jurisdiction to hear the human rights violation case brought by deposed Kano Emir Aminu Ado Bayero and senior councillor Aminu Babba DanAgundi.
This follows the contentious reinstatement of Emir Mohammadu Sanusi II.
Previously, the court issued an ex-parte order preventing Governor Abba Kabir Yusuf of Kano from reinstating Sanusi until the substantive suit against his reinstatement is resolved. This order also opposes the abolishment of the four emirates—Bichi, Gaya, Karaye, and Rano—as stipulated in a bill passed by the State House of Assembly.
Justice Liman directed all parties to maintain the status quo ante until the suit filed by Sarkin Dawaki Babba and Aminu Babba-Dan’Agundi is determined. The court also granted the plaintiffs leave to serve their concurrent originating motion and other court processes on the Inspector General of Police in Abuja, despite being 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 ante regarding the passage and assent of the bill, emphasizing, “In order to maintain the peace and security of the state, an Interim Injunction of this Honourable Court is granted restraining the respondents from enforcing, executing, implementing and operationalizing the Kano State Emirate Law Council (Repeal) Law.”
In a hearing on Thursday, Justice Liman invoked Section 42 Sub-section 1 of the Constitution to assert the court’s jurisdiction over the case. He remarked on the respondents’ reliance on the case of Gongola, stating, “Section 42 Sub-section 1 and Section 32 of the Constitution have vested powers in our court to decide on this matter.”
Plaintiff counsel Barrister Chukwuson Ojukwu argued the case was ready for hearing on the main issues concerning the invalidity of the new Emir’s reappointment and the deposition of the 15th Emir Aminu Ado Bayero. However, Barrister A. G Wakil contended that the new motion to continue hearings on Chieftaincy Affairs issues was not part of the original summons, focusing instead on human rights violations and jurisdictional matters already decided by the court.
Justice Liman clarified that the matter was adjourned to June 13, 2024, for ruling only, and subsequently adjourned the case to June 14, 2024, stressing the sensitivity of the matter.
