Emirship Tussle: Court reserves judgement on fundamental rights of Aminu Ado Bayero

By Muhammed Yakubu On Jun 7, 2024

Emirship , Court ,reserved judgement, fundamental rights , Aminu Ado Bayero — Emirship Tussle: Court reserves judgement on fundamental rights of Aminu Ado Bayero

A Federal High Court sitting in Kano on Friday, reserved judgment on the suit instituted by the 15th Fulani Emir of Kano, Alhaji Aminu Ado Bayero on his fundamental human rights.

The presiding judge, Justice Simon Amobeda reserved the date for the judgment following a heated argument between counsels.

The applicant, Aminu Ado Bayero filed a motion exparte seeking the court to restrain the respondents from arresting or infringing on his rights.

It could be recalled that Kano State Governor, Abba Kabir Yusuf signed the new Kano Emirate Law and dethroned Aminu Ado Bayero as Kano Emir while he reinstated Muhammadu Sanusi II as the 16th Fulani Emir of Kano.

SolaceBase reports that the respondents in the suit are the Attorney General of the Federation as 1st respondent, Attorney General of Kano State (2nd), Nigeria Police Force (3rd), IGP (4th), Commissioner of Police in Kano (5th), DSS (6th), NSCDC (7th), Nigerian Army (8th), Nigerian Airforce and Nigerian Navy as 9th and 10th respondents respectively.

When the case came up for hearing on Friday, counsel to the 2nd respondent, Mahmoud Magaji SAN told the court that he filed a preliminary objection dated May 30th and filed May 31st on four grounds bothering around the applicant’s fundamental human rights and the Kano emirate repealed law.

“We filed our 21-paragraph counter affidavit deposed by Abdullahi Garko and written address dated May 31st on point of law.”

Magaji urged the court to dismiss and strike out the originating summon.

He told the court that “being an emir is a privilege, not a right. The applicant filed his application five days after he was removed. At the time of filing, he is no longer an emir. And if that was established, he has no rights. We submit that the purported right does not exist.

“The applicant has agreed that he was removed but without a fair hearing. I urge your lordship to refuse to hear their application. I urge the court to discountenance the originating summon.”

Magaji also filed a motion on notice to set aside the exparte order earlier granted by the court retraining them from arresting, intimidating or harassing him.

Earlier, the counsel to the applicant, Michael Numa SAN argued that the court has jurisdiction to entertain the matter as it bothers on the fundamental rights of the applicant.

He also filed an originating motion dated May 27 supported with an affidavit and a written address.

He urged the court to accept the fundamental rights suit in the interest of justice for the peace of Kano and Nigeria.

At the beginning of the sitting, Numa informed the Court of their decision to withdraw prayers one and two out of their prayers.

He urged the court to dismiss the preliminary objection of the respondents which he adjudge as unmerited.

The Presiding judge, Justice Amobeda however, said a date to deliver judgement will be communicated.