A Federal High Court (FHC) in Kano has fixed June 13, for ruling in an application challenging the jurisdiction of the court to entertain the implementation of the Kano Emirate Council (Repeal) Law 2024.
The applicant, Alhaji Aminu Babba-Dan’agundi (Sarkin Dawaki Babba), through his counsel, Ibrahim Aliyu-Nasarawa, had filed a motion ex parte dated May 23 to stop the implementation of the new state chieftaincy law and reinstatement of Emir Muhammad Sanusi II.
The respondents are the Kano State Government, Kano State House of Assembly, Speaker Kano State House of Assembly, Attorney-General of Kano State and Commissioner of Police, Kano.
Others are the Inspector General of Police, Nigeria Security and Civil Defence Corps and the Department of State Service.
When the case came up for hearing on jurisdiction issues, Counsel to the applicant, M S Waziri, filed a written address dated June 6, in compliance with the order of the court.
“I hereby adopt same and maintain that the court has jurisdiction so long because it is an issue of fundamental rights to fair hearing.
“The applicant ought to have been involved as a member of the Kano State Kingmakers in reinstating the new emir of Kano.
He urged the court to proceed with the case, adding that a breach of fundamental rights has no time line.
Responding, Counsel for Kano State Government and Attorney-General of Kano, Mahmoud Abubakar-Magaji, SAN, filed a written address dated June 3 and filed on June 6, on jurisdiction issue.
“The Emirate law went through legislative processes and the order of this court came only after the action was done and my client was served on May 27.
He urged the court to decline jurisdiction to entertain the matter.
“The applicant is neither a member of the House of Assembly nor Commissioner for Chieftaincy Affairs, he may not need to be consulted as only the house of assembly has the power and authority to make law.
Counsel for the Kano State House of Assembly and Speaker, Ibrahim Isa-Wangida, filed processes on jurisdiction issue dated June 5.
Isa-Wangida argued that the applicant cannot claim his fundamental rights had been breached because the 2024 Emirate law was repealed and assented by the governor before the applicant filed the matter.
He said the 2019 Kano Emirate Council law which gave the applicant power at the time of filing his action had been abolished.
“The applicant ceases to be a kingmaker as of the time he filed the action because the governor has already assented the law.”
Also, Counsel for the Commissioner of Police Kano and Inspector General of Police, Sunday Ekwe, told the court that the duty of the police was to maintain peace in the state, that is why they did not file any responses on jurisdiction issue.
Justice Abdullahi Muhammad-Liman, adjourned the matter until June 13, for ruling in the matter of jurisdiction.
It would be recalled that the court had on May 23, granted an Interim injunction directing parties to maintain status quo ante, the passage and assent of the bill pending the hearing of the Fundamental Rights application.
The Court also restrained the 5th to 8th respondents from enforcing, executing, implementing and operationalizing the Kano State Emirate Council (Repeal) Law 2024.
Governor Abba Kabir-Yusuf, on May 23, dethroned Emir Aminu Ado-Bayero, and reappointed Sanusi II, as the Emir of Kano, four years after he was dethroned by former Governor Abdullahi Ganduje.
