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Emir Sanusi II and the dethroned Ado Bayero |
A Federal High Court sitting in Kano, on Friday, has reserved judgment on the fundamental rights enforcement suit filed by the deposed Emir of Kano, Alhaji Aminu Ado-Bayero.
Ado-Bayero, through his counsel M L Yusufari SAN, filed a
motion exparte dated May 27, seeking the court to restrain the respondents from
arresting, intimidating or infringing on his rights.
The respondents are the Attorney General of the Federation,
Attorney General Kano, Nigeria Police, Inspector General of Police,
Commissioner of Police Kano, State Security Service, NSCDC, Nigeria Army,
Nigerian Navy and Nigerian Airforce.
When the case came up for hearing, Counsel to the applicant,
Michael Jonathan, SAN, said the court has jurisdiction to entertain the case
because it was fundamental rights proceedings.
Jonathan filed an originating motion dated May 27, in
support of affidavit and a written address.
He urged the court to hear the fundamental rights suit in
the interest of Justice for the peace of Kano.
He also urged the court to dismiss the respondents’
preliminary objection on grounds of abuse of court.
Counsel to Kano State Attorney-General, Mahmoud
Abubakar-Magaji, SAN, filed a preliminary objection dated May 30 and filed May
31 on four grounds on Kano Emirate Council (Repeal) Law 2024 and fundamental
right.
He urged the court to dismiss and strike out the entire
process particularly the originating summons of the applicant motion.
“It is a privilege being an emir not a right.
The applicant filed his application five days after he was
dethroned as the Emir of Kano.
“My lord the purported right of the applicant does not
exist. This court has no jurisdiction to entertain this case,” Abubakar-Magaji
said
Abubakar-Magaji also filed a motion on notice dated May 31,
to set aside the exparte order it earlier granted retraining the respondents
from arresting, intimidating or harassing the applicant.
Justice Simom Amobeda, said that the court would communicate
the date for judgment to the parties.
The court had on May 28, ordered the respondents to ensure
all rights and privileges of the applicant be given to him in the interest of
justice and maintenance of peace in Kano state.
The court also restrained the 3, 4 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.
Kano State House of Assembly on May 23, dissolved all the
four newly created Emirate council’s in the state. NAN