Federal High Court sitting in Kano, on Friday, reserved judgment in the case of deposed former Emir, Aminu Ado Bayero.
Bayero is alleging the abuse of his fundamental human rights over his removal without his consent and the subsequent move to arrest him by the Kano State Government.
Relying on Bayero’s motion of protection of fundamental human rights, the court ordered the eviction of the reinstated Emir, Muhammadu Sanusi II from Kofar Kudu Palace, after hearing an order to that effect filed by the Counsel to the deposed Bayero, two weeks ago.
When hearing of the case resumed on Friday, Justice S. A. Amobeda said he would grant an accelerated hearing to the matter so that judgment would be delivered without wasting time.
The judge said before the court is a notice of preliminary objection coming under order 29 for the Court to take all the orders together, adding that he needs not to be circumvented in the matters.
Justice Amobeda, said, “The Court is known for starting with preliminary objections before taking any other issues. The Court is that of equity and justice, no need for interruptions in the submission of learned Counsels.”
Meanwhile, Justice Amobeda, who gave the exparte order on Tuesday, stated that the order is made in the interest of justice and maintenance of peace in Kano State.
The orders were an order of interim injunction restraining the respondents either by themselves, their agents, servants, privies or any other person or authority from inviting, arresting, detaining, threatening, intimidating, harassing the Applicant, raiding, tempering with or visiting the Applicant to arrest or infringe on his right or in any other way infringe or attempt to infringe the Applicant’s rights pending the hearing and determination of the Originating Motion.
“An order restraining the 3rd, 4th and 5th Respondents and all other Respondents from denying the applicant to use his official residence and palace at the Emir’s Palace, Kofar Kudu as well as enjoyment of all rights and privileges accrued to him by virtue of being Emir of Kano State and to evicting anything, anybody residing within the palace illegally pending the hearing and the determination of the originating summons”
Responding in his preliminary objections to the Deposed Emir Aminu Ado Bayero orders, Counsel to Emir Muhammadu Sanusi II, Muhmud Magaji, SAN, said the two applications from the respondent are predicated on four grounds, one that the subject matter relates to the validity of the Kano Emirate law 2024 which is outside the jurisdiction of the Court, second the application is incompetent and abused of Court processes, files a written address relied on all the inputs therein, adding that the cases highlighted in the written address urged the Court to grant their application, and denied justification in the matter
Muhamud further urged the court to dismiss and strike out the originating summons, the application of the applicants as Emir of Kano, because according to him, to be an Emir is not a right but a privilege, and he was deposed six days before he brought the application which he did on 28 May 2024. Neither the Emir nor the Court has the liberty to pretend not to know that.
“As of the time of filing his application, he was no longer an Emir, which means he has no right ordinary to be entertained by the Court. Sum it that the purported right does not exist and again he does not know whether the applicant is a member of Kano State House of Assembly to be denied a fair hearing, in a process in which he is not an ingredient.”
Plaintiff Counsel, M. J Newman appearing for the applicants and claimants, said he was holding brief for Professor Mamman Lawan and that they were withdrawing prayers 1 and 2 because the recent events have taken a sensitive aspect of the case.
He reminded that their relief is not asking for the reinstatement, or anything but seeking the protection of his abused fundamental human rights which were violated.
The Plaintiff’s Counsel said the originating motion was filed on 27 May 2024, and that the motion houses 7 prayers, noting that he filed another affidavit on 15th June 2024. Adopting and relying on all the processes, he urged the Court to accede to the matter and all the prayers.
“I also urge the court to discontent the objections of the Respondent and to adjudge the motion for discontentment of the case as an abuse of the process which shall be punished because it is an affront to the jurisdiction of the court.
However, Muhmud Magaji, SAN, insisted that if the court takes away reliefs 1 and 2, it, therefore, means he was deposed and has no right to stay in government quarters.
