Emirate Tussle: ”Use of Army to enforce court order is mockery of our judicial system”- NBA

The Nigerian Bar Association (NBA) Kano Branch has raised concerns over the recent developments in the state following the repeal of the Kano Emirate Council Law of 2019.

NBA, in a statement on Saturday by its chairman, Sagir Gezawa, called for adherence to legal and constitutional processes.

The statement emphasised that it is within the constitutional duty of a state House of Assembly to legislate and once such legislation is passed, it becomes the governor’s role to assent to it.

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“Once the governor assents, it becomes law and must be implemented by state apparatus and enforced by a competent court,” the statement said.

SolaceBase reports that the statement condemned the use of men of the Nigerian Army to enforce court orders, calling it a “sad reminder of military dictatorship.”

The statement emphasised that enforcing court orders is not within the military’s duties but should be handled by the courts.

It explained the correct procedures for enforcing court orders, including notifying the individual through Form 48 and then Form 49 if they do not comply, saying, “This process is part of the Sheriff and Civil Processes Act and the laws of various states.”

The statement urged all state actors to remember their oaths of office and the limits of their duties to avoid undermining the judicial system.

NBA in the statement warned that actions by security agencies outside their legal scope could breach the peace and security of Kano State.

“As an association therefore, we call on all state actors, to be mindful of their oaths of office and for the security agencies, their scope of duties so as not to make a mockery of our judicial system.

“They should as well be mindful of the fact that their actions may breach the security and peace of Kano State and they shall be held accountable in this life or the next,” It warned.

There was tension in the state following the arrival of the dethroned 15th Emir of Kano, Aminu Ado Bayero.

Bayero was dethroned by the state governor, Abba Kabir Yusuf on Thursday.

While signing the repealed Kano Emirates Council Law, Yusuf gave Bayero and other deposed Emirs 48 hours to vacate their palaces and hand them over.

However, Bayero returned to Kano on Saturday with a deployment of soldiers at his mini-palace in the metropolis.