A Federal High Court in Kano, presided over by Justice Simon Amobeda, has reserved judgment in the fundamental human rights lawsuit filed by the dethroned 15th Emir of Kano, Aminu Ado Bayero.
Mahmood Magaji, counsel for the second respondent, had informed the court of a preliminary objection he filed on May 31, based on four grounds related to the applicant’s fundamental rights and the repealed Kano Emirate law.
“We filed our 21-paragraph counter affidavit, deposed by Abdullahi Garko, along with a written address dated May 31, focusing on points of law,” Magaji explained.
He urged the court to dismiss and strike out the originating summons, arguing that being an Emir is a privilege, not a right.
“The applicant filed his case five days after his removal from the throne, at which time he was no longer an Emir. He acknowledges his removal but claims it was without a fair hearing. I urge your lordship to reject their application and dismiss the originating summons,” He argued.
Magaji also submitted a motion to set aside the ex parte order previously granted by the court, which had restrained authorities from arresting the dethroned Emir.
Earlier, the applicant, Michael Numa, argued that the court had jurisdiction over the matter as it pertained to the applicant’s fundamental rights, urging the court to accept the fundamental rights suit in the interest of justice and peace in the state.
Recently, the Kano State government abolished the five Emirates in the state, dethroning Aminu Ado Bayero and four other first-class emirs by repealing the Kano Emirate Law.
The judge reserved judgment for a later date.
Justice Olukayode Ariwoola, the Chief-Justice of Nigeria (CJN), had on May 29, 2024, summoned the Chief Judge of the Federal High Court and the Chief Judge of Kano State High Court over conflicting interim injunctions related to the Kano Emirate, which have created uncertainty in the state.
Justice S. A Amobeda of the Federal High Court in Kano had issued an order for the eviction of Emir Muhammadu Sanusi II from the Kofar Kudu Palace, reinforcing the authority of the 15th Emir of Kano, Aminu Ado Bayero.
However, Justice Amina Adamu Aliyu of the kano state high court issued an injunction to protect Muhammadu Sanusi and other key figures from potential harassment by state authorities.
