A Federal High Court hearing a case against the reinstatement of Emir Muhammadu Sanusi II by the Kano State Government has fixed 13th June 2024 to decide whether it has jurisdiction to continue with the case or not.
One of the Deposed Kano Emirate Senior Councillors, Aminu Babba DanAgundi, had 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 him unilaterally without his consent or attention.
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heavily on the matter of jurisdiction and whether the State House of Assembly has powers to repeal a law that was also repealed sometimes ago and gave birth to the present removal of 15th Emir of Kano, Aminu Ado Bayero, and his appointees.
Counsel to DanAgundi, Barrister M. A Waziri, argued that the court has full jurisdiction to hear the case as enshrined in the relevant sections of the Protection of Fundamental Human Rights.
He further argued 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.
But counsel to the Emir Muhammadu Sanusi II, Barrister Muhamud A. Magaji, urged the 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.
He said, “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.
Magaji reminded the plaintiff of his controversial submission that the 2024 Repealed Law that brought about the reinstatement of Emir Muhammadu Sanusi II should be discarded and while 2019 repealed Emirates Council Law that saw the turbaning of the deposed Emir Aminu Ado Bayero should remain,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 said.
Responding to the arguments, the Presiding Judge, Justice Abdullahi Muhammad Liman, 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.
He explained that there was another order of appeal which though was withdrawn by the despondent counsels.
Justice Liman then adjourned the case to June 13, 2024, to rule on whether the court has jurisdiction to continue with the case or not.
