Court Reserves Judgment in Suit by Former Emir of Kano, Bayero

BY Segun Bakare
5 months ago

The Federal High Court in Kano is set to deliver a judgment in the case involving the deposed former Emir, Aminu Ado Bayero, who alleges that his fundamental human rights were abused due to his removal without consent and a subsequent move by the Kano State Government to arrest him.

In response to Bayero’s motion for protection of fundamental human rights, the court had previously ordered the eviction of the reinstated Emir Muhammadu Sanusi II from the Kofar Kudu Palace. This order came after Bayero’s counsel filed for it two weeks prior.

When the case resumed on Friday, Judge S. A. Amobeda expressed his intention to grant an accelerated hearing to expedite the judgment. He noted that the court would first address the notice of preliminary objections under order 29 before considering any other issues. Emphasizing the importance of equity and justice, he stated that there should be no interruptions in the counsels’ submissions.

Justice Amobeda had previously issued an ex parte order on Tuesday, emphasizing that it was made in the interest of justice and peace in Kano State. The interim injunction restrained the respondents from actions such as arresting or harassing Bayero and from infringing on his rights until the hearing and determination of the originating motion. It also prevented the respondents from denying Bayero the use of his official residence and palace at Kofar Kudu.

Counsel to Emir Muhammadu Sanusi II, Muhmud Magaji, SAN, raised preliminary objections, arguing that the subject matter concerning the validity of the Kano Emirate Law 2024 was outside the court’s jurisdiction. He contended that Bayero’s application was incompetent and an abuse of court processes, highlighting that Bayero was no longer an Emir at the time of filing his application on May 28, 2024, as he had been deposed six days earlier.

Magaji further argued that being an Emir is a privilege, not a right, and urged the court to dismiss the originating summons and the application of the applicants.

Plaintiff’s counsel, M. J. Newman, representing the applicants and claimants, stated that they were withdrawing certain prayers due to recent sensitive developments in the case. He clarified that their relief sought protection for Bayero’s fundamental human rights, not reinstatement as Emir. Newman urged the court to consider the originating motion filed on May 27, 2024, which included seven prayers, and to disregard the objections from the respondents, asserting that the objections constituted an abuse of the court’s process.

The court is now tasked with determining the validity of the claims and objections before delivering its judgment on the matter.