The eagerly anticipated court ruling in the Kano emir stool struggle has left both parties to the dispute claiming victory.
While the Federal High Court sitting in Kano nullified the reappointment of Muhammadu Sanusi II as the 16th Emir of Kano, it, however, said the state assembly law that removed the 15th emir, Ado Bayero, was a valid one.
Justice Muhammad Liman, who gave the ruling nullifying Sanusi’s reappointment, cited the disobedience of a restraining court order by Kano State Governor Abba Yusuf for his decision.
Alhaji Aminu Babba-Dan’agundi, Sarkin Dawaki Babba, had, through his counsel, Ibrahim Aliyu-Nasarawa, approached the court and prayed it to restrain the Kano State government from implementing the Kano State Emirate (Repeal) Law 2024.
The law had repealed the 2019 Emirate Council law that established five emirates from the original Kano Emirate.
With all Emirs sacked, the 14th Emir of Kano, Muhammad Sanusi II, who had been sacked by the Abdullahi Ganduje administration in March 2020, was reinstated as 16th Emir to replace Aminu Ado Bayero, who was consumed by the repeal of the law.
In the suit, the plaintiff sought a reversal of the removal of Bayero.
The respondents were the Kano State Government, Kano State House of Assembly, Speaker, Kano State House of Assembly, Attorney-General of Kano State and Commissioner of Police in Kano.
Others are the Inspector General of Police (IGP), Nigeria Security and Civil Defence Corps (NSCDC) and the Department of State Services (DSS).
In its ruling, Justice Liman declared that all actions carried out by the state government after the passage of the Kano Emirate Council (Repeal) Law 2024 were null and void.
“I hereby order that every step or action taken by the respondents in pursuant to Kano Emirate Council Repeal Law 202 4 is null and void and is set aside. However, this order does not affect the validity of the law,’’ he said.
Justice Liman also ordered all parties to maintain the status quo ante.
He held that the respondents were aware of the earlier order dated May 23 to maintain the status quo pending the hearing and determination of the case.
“I think it is a very serious matter for anyone to flout the court’s orders 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.
The judge granted the respondents’ application for stay of proceedings pending hearing and determination of their application at the court of appeal on the issue of jurisdiction.
“I hereby transfer the case to Justice Simon Amobeda, Federal High Court 3,” he said
Earlier, counsel to the applicant, M. S. Waziri, had urged the court to nullify the Kano Emirates Council (Repeal) law 2024.
Counsel to Kano State House of Assembly and Speaker Eyitayo Fatogun, told the court that he had filed a notice of appeal at the Court of Appeal and a motion on stay of proceedings.
Fatogun also applied to be recused from the matter and asked for an adjournment to enable his clients find another lawyer, pending hearing and determination of his application at the court of appeal on the question of 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 police’s duty was to maintain peace in the state, and that was why they did not file any response on the issue of jurisdiction.
LEADERSHIP Friday recalls that the State House of Assembly had dissolved all four newly created Emirate councils in the state on May 23.
Lawyers urge respect of court
Responding to the judgement, senior lawyers in the country called on all parties to ensure the decision of the court is respected.
According to them, the court remains the final arbiter in any disputed matter.
A Senior Advocate of Nigeria, Mr Abdul Balogun, said the court’s position on the issue will remain in force until a higher court sets it aside.
Another lawyer, Barrister Ohi Eyare, said the state cannot be thrown into anarchy and urged parties in the disputed traditional stool to ensure that the rule of law prevails.
He says no one, including politicians who have now politicised traditional institutions, is bigger than the law.
“The law must be respected at all times. Just as the court has ordered, the re-instated Emir must vacate the palace pending when another higher court set the judgement aside.
Barrister Damian Ifeanacho called on aggrieved parties in the dispute to call their supporters to order.
According to him, camps are already divided, and with the judgement, the division will be even greater, which is why warring factions should call their supporters to order.
State Government insists Sanusi remains Emir of Kano
Meanwhile, the Kano State government has directed the state commissioner of police to remove the 15th emir of Kano, Emir Ado Bayero, from the property he is occupying with immediate effect.
Briefing newsmen following the federal high court’s ruling on Thursday night, the attorney general of the state, Isa Daderi, stated that Emir Bayero is trespassing by still occupying the said structure.
He said the state government had already concluded arrangements for the general reconstruction and renovation of the property. By the ruling of the Court, it has unequivocally reaffirmed the validity of the law passed by Kano State House of Assembly and assented to by the Governor of Kano State on Thursday 23rd May, 2024.
“This part of the judgement is very fundamental to the entire matter. A further implication of the ruling is that all actions done by the government before the emergence of the interim order of the honourable court are equally validated. This means that the abolishing of the five emirates created in 2019 is validated and the deposition of the five emirs is also sustained by the Federal High Court.
“By implication, this means that Muhammadu Sanusi II remains the emir of Kano. The judge also granted our application for the stay of proceedings until the Court of Appeal deals with the appeal before it on jurisdiction,” he said.
He went on to state that the signing of the law and the reinstatement of Emir Muhammad Sunusi II were done on 23rd May, 2024 before the emergence of the interim order which was served on us on Monday 27, May 2024.
“Following this Court’s ruling, Kano State Government has directed the State Commissioner of Police to remove the deposed emir of the 8 metropolitan local governments from the Government property where he is trespassing, as Government has already concluded arrangements for the general reconstruction and renovation of the property, including the demolition and reconstruction of the dilapidated wall fence with immediate effect.
“I want to congratulate and call on the good people of Kano State to remain peaceful and celebrate the success of the people without any hitch. May Allah SWT continue to protect our State and our government,” he added.