A Federal High Court in Kano has reserved judgment on the case concerning the enforcement of fundamental rights of Aminu Ado-Bayero, the 15th deposed Emir of Kano. Ado-Bayero, through his counsel M. L. Yusufari, filed a motion ex parte dated May 27, seeking to restrain the respondents from arresting, intimidating, or infringing on his rights.
The respondents in the case include the Attorney General of the Federation, the Attorney General of Kano, the Nigeria Police, the Inspector General of Police, the Commissioner of Police in Kano, the State Security Service, the Nigeria Security and Civil Defence Corps (NSCDC), the Nigerian Army, the Nigerian Navy, and the Nigerian Airforce.
During the hearing, Michael Jonathan, counsel for the applicant, argued that the court had jurisdiction to entertain the case as it involved fundamental rights proceedings. He filed an originating motion dated May 27, supported by an affidavit and a written address, urging the court to hear the fundamental rights suit for the sake of justice and peace in Kano. Jonathan also requested the court to dismiss the respondents’ preliminary objection, citing an abuse of court process.
Mahmoud Abubakar-Magaji, counsel for the Kano State Attorney General, filed a preliminary objection dated May 30 and submitted on May 31, challenging the case on four grounds related to the Kano Emirate Council (Repeal) Law 2024 and fundamental rights. He argued that being an emir is a privilege, not a right, and that the court lacked jurisdiction to entertain the case since the applicant filed his motion five days after his dethronement.
Abubakar-Magaji stated, “The purported right of the applicant does not exist. This court has no jurisdiction to entertain this case.” He also filed a motion on notice dated May 31 to set aside the ex parte order restraining the respondents from arresting, intimidating, or harassing the applicant.
Justice Simon Amobeda announced that the court would communicate the judgment date to the parties. Previously, on May 28, the court had ordered the respondents to ensure all rights and privileges of the applicant, including the use of his official residence and the Emir’s Palace at Kofar Kudu, be maintained in the interest of justice and peace in Kano.
The case follows the May 23 decision by the Kano State House of Assembly to dissolve all four newly created Emirate councils in the state.
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