EMIRSHIP TUSSLE: June 13th, Court To Rule On Jurisdiction – Details.
June 13th, 2024 has been fixed by the Federal High Court hearing a case against the reinstatement of Emir Muhammadu Sanusi II by the Kano State Government, to decide whether it has jurisdiction to continue with the case or not.
It should be recalled that one of the Deposed Kano Emirate Senior Councillors, Aminu Babba DanAgundi, dragged the Kano State Government to the Federal High Court, seeking the enshrinement of his allegedly abused Fundamental Human Rights by the Government for removing his unilaterally without his consent or attention.
The news have it that, when the case resumed hearing on the matter of Jurisdiction, the Plaintiff and Dependent Counsels argued heavily on the matter of jurisdiction and whether the State House of Assembly has powers to repeal a law that was also repealed sometimes ago which eventually gave birth to the present removal of 15th Emir of Kano, Aminu Ado Bayero, and his appointees.
Barrister M. A Waziri, the counsel to DanAgundi, argued that the court has full jurisdiction to hear the case as enshrined in the relevant sections of the Protection of Fundamental Human Rights.
Waziri argued further that his client, the Deposed Sarkin Dawaki Babba, was not given a fair hearing before Emir Aminu Ado Bayero was deposed as such his rights were abused and that the whole process that brought the reinstated Emir Muhammadu Sanusi II was faulty and null and void.
Meanwhile, Barrister Muhamud A. Magaji, counsel to the Emir Muhammadu Sanusi II, urged the honourable court to decline to accept the Plaintiff’s narrative that it has jurisdiction to continue with the case, arguing that it is indisputable that the State House of Assembly has powers to amend, repeal, or even create a law that suits the state.
“The House of Assembly needs not to consult the Plaintiff when making or repealing a Law on the Emirate titles and Chieftaincy Affairs because the whole issues rest with Kano State and nothing more”. He said.
However, Magaji reminded the plaintiff of his controversial submission that the 2024 Repealed Law that brought about the reinstatement of Emir Muhammadu Sanusi II should be discarded and while 2019 repealed Emirates Council Law that saw the turbaning of the deposed Emir Aminu Ado Bayero should remain,
“This is controversial because you are saying the same House of Assembly that created that law has no power now,” he reiterated.
The Presiding Judge, Justice Abdullahi Muhammad Liman, while reacting to the arguments, said the court initially has two applications to hear that of jurisdiction and motion to set aside the order to stop the reinstatement of Emir Muhammadu Sanusi II.
Liman explained that there was another order of appeal which though was withdrawn by the despondent counsels.
He then adjourned the case to June 13th, 2024, to rule on whether the court has jurisdiction to continue with the case or not.
