The Federal High Court sitting in Kano has adjourned the hearing regarding the removal of Kano Emir Aminu Ado Bayero to June 13, 2024.
It would be recalled that both emirs are holding court from separate palaces: Sanusi operates from the main emir’s palace, while Bayero presides from the Nasarawa GRA mini palace.
According to SOLACE BASE, the lawsuit, filed by Aminu Babba Dan’agundi—a title holder and senior counsellor in the Kano emirate, challenges the repeal of the 2019 Emirate Council Law by the Kano State House of Assembly.
Presided over by Justice Abdullahi M. Liman, the court has set the case for ruling on June 13, 2024.
Aminu Babba Dan’agundi, represented by Barrister M. S. Waziri, argued that the repeal of the 2019 law unlawfully stripped both the Emirate Council and the plaintiff of their powers.
Responding, counsel to the 1st and 4th respondents, Mahmoud Abubakar Magaji SAN urged the court to decline the jurisdiction to entertain the matter.
He argued that the law has gone through legislative processes, first, second and third reading and the order came only after the action was done and his client was only served on a Monday of the following week.
He therefore urged the court to decline to entertain the matter on the issue of jurisdiction.
“We filed a written address dated June 3 and filed June 6. In the constitution, only the Kano State House of Assembly has the authority and power to make law.
“The applicant is neither a member of the House of Assembly or the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted.”
On his part, counsel to the 2nd and 3rd respondents, Ibrahim Isah Wangida aligned himself with the submission of the 1st and 4th respondents arguing that the applicant cannot claim his rights was breached as the 2024 law was repealed and accented to before the applicant filed action.
“The 2019 Kano emirate council law which gave the power to the applicant at the time of filing his action was abolished so he ceased to be a kingmaker as of the time he filed the action because the governor has already accented to the law.”
Earlier, counsel to the 5th and 6th respondents, Sunday Ekwe told the court that they did not file any issue on jurisdiction because the duty of the police is to maintain peace and wait to carry out order of the Court.
The court then requested written submissions from both sides and will review these documents before rendering a decision on June 13.
The respondents in the suit are Kano State Government as 1st respondent, Kano State House of Assembly (2nd), Speaker of Kano State House of Assembly (3rd), Attorney General of Kano State (4th), Kano Commissioner of Police (5th), Inspector General of Police, IGP (6th), NSCDC and DSS as 7th and 8th respondents respectively.
