The Federal High Court sitting in Kano, on Thursday, fixed June 13, 2024 to rule on the jurisdiction of Kano emirate crisis.
Justice Abdullahi Liman adjourned for ruling after counter-argument by the counsel for the applicant and the respondents.
Recall that following the repealed Emirate Council Law 2019, which broke the Kano emirate into five, leading to the dethronement of the 14th Emir of Kano, Lamido Sanusi, and his replacement with Aminu Ado Bayero as the 15th Emir of Kano, there has been tension in the state.
On May 24, Governor Abba Yusuf, acting on the newly passed Kano Emirate Council Law of 1984 and 2024, reinstated Sanusi as the 16th Emir of Kano, edging out Bayero.
The suit before Justice Liman was filed by the Sarkin Dawaki Babba of the Kano Emirate, Aminu Dan’Agundi, who is challenging the process that led to the repeal of the Kano Emirate Council Law 2019.
The repeal of the Kano Emirate Council Law 2019 by the Kano lawmakers also led to the dethronement of four other first-class Emirs of Rano, Gaya, Bichi, and Karaye, who were installed in 2020 by former Governor Abdullahi Ganduje.
Justice Liman, entertaining an ex parte application in Dan’Agundi’s suit on May 24, issued an order restraining the governor from going ahead with enthroning Sanusi pending the determination of the suit.
Governor Yusuf, however, faulted the order and went on with Sanusi’s enthronement.
Named as respondents in the suit are the Kano State Government; the Kano State House of Assembly; the Speaker, Kano State House of Assembly; the state’s Attorney General; the Kano Commissioner of Police; the Inspector General of Police; the Nigeria Security and Civil Defence Corps; and the Department of State Services.
The matter which was scheduled for hearing on Monday, was halted by the organised labour nationwide strike.
The matter was however resumed for hearing by counsel for the applicant, M.S. Waziri; who had filed a written address centring on whether or not the court had the jurisdiction to hear the suit.
Waziri said, “On the issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated 6th June and hereby adopt same and maintain that the court has jurisdiction to entertain the matter because the issue of fundamental human rights is at stake.”
Waziri argued that his client “a member of Kano Emirate Kingmakers ought to have been involved in the reinstatement of the new emir.”
“My Lord, a breach of fundamental rights has no timeline. I urge the court to proceed with the case,” he said.
But the counsel for the first and fourth respondents, Mahmoud Magaji (SAN), urged the court to decline the jurisdiction to entertain the matter.
According to him, the law has gone through legislative processes, first, second and third and the order came only after the action was done.
Counsel for the second and third respondents, Ibrahim Wangida, aligned with Magaji’s submission and urged the court to decline jurisdiction.
Justice Liman adjourned the matter until June 13 for ruling after a series of deliberations.