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June 20, 2024

Emirship tussle: Court sets aside reinstatement of Sanusi 

Kano Emir

By Bashir Bello, Kano

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.