• Okays removal of Aminu Ado Bayero
• Nullifies reinstatement of Lamido Sanusi
In what appears as a controversial verdict against a valid law that may drag to appellate courts for final decision,
Justice Abdullahi Liman of the Federal High Court in Kano , on Thursday, held that the Kano Emirates Council Law 2024, as passed by the State House of Assembly and signed into law by Governor Abba Yusuf, remained a valid law.
But the judge nullified all steps taken by the state government after his earlier interim order which had effectively stopped the implementation of the Emirate Council Law 2024 pending the determination of a petition filed against the state government.
With his decision that the law remained valid, Justice Liman effectively endorsed the sacking of Aminu Ado Bayero and others as emirs.
The ruling also nullified the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano, as part of the consequences of actions by the state government which came after the fact, and were in disobedience of the interim order of the court.
The decision came barely 24 hours after the state House of Assembly alleged bias in the emirate legal battle.
But Kano State Government has directed the Commissioner of Police, Kano State Command to remove the deposed emir, Aminu Ado Bayero, from the government property, which he currently occupied.
The state government added that it had concluded plans to begin a scheduled renovation of the property.
The state government also maintained that by the court’s pronouncement, it recognised Sanusi as the 16th Emir of Kano because his reinstatement had been done before a controversial interim order, which the court alleged the governor flouted in assenting to the Kano Emirates Council (Repeal) Bill 2024.
But Justice Liman has ordered the parties involved in the matter to maintain the status quo pending the determination of the case.
The judge also held that the defendants were aware of the interim order granted by the court, but chose to ignore it and go ahead with implementation of the law.
The judge stated that every aspect of the process undertaken by the Assembly to repeal the 2024 law was null and void, saying he would assume his coercive powers to enforce compliance with his order.
Justice Liman said, “I hereby order that every step taken by the government is hereby nullified and becomes null and invalid and that this does not affect the validity of the repealed Emirates Law but actions taken by the governor, which includes the assenting to the law and the reappointment (of Sanusi).
“I have listened to the audio of the governor both in Hausa and English after assenting to the law, and I am convinced that the respondents are aware of the order of maintaining status quo pending the hearing and determination of the motions on notice in the court.
“Having been satisfied that the respondents are aware of the court order, the court in exercise of its powers set aside an action, because it is in violation of the court’s order.
“I think it is a very serious matter for anyone to flout the orders of the court and go scot-free with it.”
According to the judge, the embarrassing 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.
Justice Liman stated that the respondents decided to act according to their whims and caprices, a situation that landed them in a serious mess.
The judge however, transferred the case to Justice Simon Amobeda for continuation in view of his elevation to the Court of Appeal.
But the State Assembly had on Tuesday, cited bias and asked the Court of Appeal to stay further proceedings at the Federal High Court pending the hearing of the appeal before the appellate court.
In the appeal no: CA/KN/ /26/2024 filed by its lawyer, Eyitayo Fatogun, the Assembly prayed for an order restraining the respondents and their agents from deriving power, authority, rights or privileges from any of the respondents particularly the first, fourth, fifth, sixth, and seventh respondents, from enforcing or attempting to further enforce the repealed Kano State Emirates Council Law, a law which was no longer extant, pending the hearing and determination of the appeal before the Court of Appeal.
It also prayed the appellate court to stay execution of all orders, particularly the ex-parte order granted on May 23, 2024 by the lower court pending the hearing and determination of the appeal presently before the court.
In its motion on notice brought pursuant to Sections 6 and 36 of the 1999 Constitution, Order 7 Rule 1 of the Court of Appeal Rules and under inherent jurisdiction of the court, the appellant prayed the court to take over the entire proceedings, alleging that there were conflicting orders of the Kano State High Court and the Federal High Court on the same subject matter.
In its application for an urgent date, the appellant stated that the Federal High Court in Kano on or about June 13, 2024, had delivered its ruling in a suit filed for the enforcement of the fundamental rights of a kingmaker as it related to the Kano State Emirate Council (Repeal) Law 2024 made by the House of Assembly of Kano State and duly assented by the executive governor of Kano State.
The respondents were Alhaji Aminu Babba Danagundi, Kano State Government, Attorney General of Kano State. Commissioner of Police, Inspector General of Police, Nigeria Security and Civil Defence Corps and the Department of State Security Service.
