Kano Emirate Tussle: Court Reserves Judgement in Bayero’s Suit

Ahmad Sorondinki in Kano.

Justice Simon Amobeda of the Federal High Court sitting in Kano has reserved a date to deliver judgement on the suit instituted by the 15th Emir of Kano, Aminu Ado Bayero on his fundamental human rights.
The applicant, who is the dethroned Emir Aminu Ado Bayero, filed a motion exparte seeking the court to restrain the respondents from arresting or infringing on his rights.

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), CommissioneQQQ 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 yesterday, 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.

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

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

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