The Federal High Court in Kano will today deliver rulings in the suit seeking to determine the validity of the Kano Emirates Council Repeal Law 2024.
The law was used by the state governor, Abba Kabir Yusuf, to dethrone the 15th Emir of Kano, Aminu Ado Bayero, and also to reverse the creation of four emirates, Bichi, Rano Karaye and Gaya, by his predecessor, Dr. Abdullahi Umar Ganduje.
The law was also relied upon to re-appoint the 14th Emir of Kano, Muhammadu Sanusi II, who was dethroned by Ganduje in 2020, as the 16th Emir of Kano.
But a kingmaker in the former Kano emirate, Aminu Babba Danagundi, the Sarkin Dawaki Babba, challenged the propriety of the law and asked the court, through his counsel, Chikaosolu Ojukwu (SAN), to declare the law null and void.
The judge, Justice Abdullahi Muhammad Liman, after hearing his motion on Friday last adjourned to today for ruling on the plea.
The judge will also deliver a ruling on a motion for stay of proceedings filed by A.G. Wakil, counsel for the State Attorney General and Kano State Government, who were joined as respondents in Danagundi’s suit.
Similarly, at the last sitting, Eyitayo Fatogun (SAN), the counsel for the State House of Assembly and its speaker, informed the court that he had filed a notice of appeal at the Court of Appeal, urging the court to stay proceedings.
The judge, however, ruled that there was no evidence that the appeal has been entered and no application for stay has been filed before the court.
Court of Appeal has not fixed a date for hearing the appeal filed before it.
It was gathered that this was largely because no quorum was formed for the justices of the appellate court to sit and hear the matter. While it could not be ascertained why the quorum for the justices could not be formed, sources said that this might be connected with the three-day holidays declared by the federal government for last Wednesday and this week Monday and Tuesday.
But court documents seen by our correspondent yesterday revealed that the appellants (the State House of Assembly and its Speaker) filed a notice of appeal, a motion for stay, a record of proceedings, and a motion for departure from the rules on June 13.
On Friday, June 14, the appellants filed a motion ex parte and affidavit of urgency, but the appellant’s brief was filed on June 19.
It will be recalled that on June 13, the Federal High Court in Kano ruled that it had jurisdiction over the chieftaincy matter and scheduled further hearings, after which the appellants attempted to file an appeal immediately but were said to have faced delays at the court registry.
The appellants filed their Notice of Appeal at the Court of Appeal registry and sought an urgent stay of proceedings at the lower court.
The appellants are seeking an order allowing the appeal and dismissing Danagundi’s suit for want of jurisdiction. The appellants also asked the appellate court to set aside the ruling of the Federal High Court delivered on June 13, assuming jurisdiction in the matter.
The appellants contended that the judge erred in law when the court assumed jurisdiction in the matter, which, according to them, is related to and bordering exclusively on chieftaincy matters outside the provision of Section 251 of the 1999 Constitution as amended.
It will also be recalled that the state House of Assembly had passed the Emirates Council Repeal Bill on May 23, which was assented to by Governor Yusuf the same day.
The state capital has been on the edge since the law was passed and Emir Sanusi was reinstated, especially following the return of Emir Bayero to the city. While Emir Sanusi had taken up residence in the main Emir’s Palace located in the city centre, Emir Bayero had taken up residence in a mini palace in the Nasarawa area of the city.
The development had led to mudslinging between the state government and the federal government, but the feud was said to have been settled. However, the recent statement by the leader of the Kwankwasiyya Movement, Senator Rabiu Musa Kwankwaso, that the federal government was taking advice from those who did not want peace in Kano State, ignited fresh tension.
But the police command in the state, which had also come under criticism from the state government over its role in the development, yesterday, said that adequate personnel and resources had been deployed around strategic areas in the state, including the court where the ruling would be delivered today, to avert breakdown of law and order.
The spokesman of the command, SP Abdullahi Haruna Kiyawa, said in a chat disclosed that “deployment of security in an event like this (court ruling) is not new to the command, and this time around, like in the past, we have made adequate deployment not only at the court premises but at specific and strategic places around the town”.
SP Kiyawa said the command has been responsible in its action and duty and has been monitoring and following up on the situations with the deployment of men and resources whenever the court is sitting on cases of interest like the Kano Emirate tussle. The action of the police, he said, is to forestall a breakdown of law and order.
He advised residents of the state that do not have any business around the court area to stay off and continue with their daily activities without any fear, emphasising that the police would ensure adequate security of lives and property before, during, and after the court’s expected pronouncements.
Kano Assembly Alleges Bias, Asks Appeal Court To Suspend Federal Court’s Emirates Council Law Ruling
Ahead of the ruling of Justice Abdullahi Liman of the Federal High Court, Kano, the Kano State House of Assembly has asked Court of Appeal in Kano to stay proceedings at the Federal High Court pending an appeal.
On a motion filed by Aminu Danagundi, the Sarkin Dawaki Babba, challenging the legality of the Kano Emirates Council (Repeal) Law 2024, the Kano State House of Assembly has asked the Court of Appeal sitting in Kano to stay further proceedings at the Federal High Court pending the hearing of the appeal before the appellate court.
The call came as All Progressives Congress (APC) described comments credited to the presidential candidate of New Nigeria Peoples Party (NNPP) in the 2023 election, Rabiu Kwankwaso, that the ruling party was trying to take Kano State through the backdoor by declaring a state of emergency, as disappointing and insensitive.
Liman had scheduled ruling on the legality of the Kano Emirates Council (Repeal) Law 2024 for Thursday, June 20, 2024, just after he dismissed an application for a stay of proceedings by Eyitayo Fatogun, representing the Kano State House of Assembly.
Dissatisfied, Kano State House of Assembly, in Appeal No: CA/KN/ /26/2024 filed by its lawyer, Fatogun, prayed for an order of injunction restraining the respondents, their privies, servants or any other person or authority, deriving power, authority, rights or privileges from any of the respondents particularly the first, fourth, fifth, sixth, and seventh respondents from enforcing or attempting to further enforce the repealed Kano State Emirates Council Law, a law which was no longer extant, pending the hearing and determination of the appeal before the Court of Appeal.
The appellant also prayed the court to stay execution of all orders, particularly the ex-parte order granted on May 23, 2024 by the lower court pending the hearing and determination of the appeal presently before the court.
The respondents are Alhaji Aminu Babba Danagundi; Kano State Government; Attorney General of Kano State; Commissioner of Police, Kano State; Inspector General of Police; Nigeria Security and Civil Defence Corps; and Department of State Services.
In its motion on notice brought pursuant to Sections 6 and 36 of the 1999 Constitution, Order 7 Rule 1 of the Court of Appeal Rules and under inherent jurisdiction of the court, the appellant prayed the court to take over the entire proceedings, alleging that there were conflicting orders of the Kano State High Court and the Federal High Court on same subject matter.
In its application for an urgent date, the appellant stated that the Federal High Court in Kano on or about June 13, 2024, had delivered its ruling in a suit filed for the enforcement of the fundamental rights of a king maker as it related to the Kano State Emirate Council (repeal) Law 2024 made by the House of Assembly of Kano State and duly assented by the executive governor of Kano State.
In the said ruling, the court in its wisdom, held that it had jurisdiction in a chieftaincy matter, and subsequently adjourned to June 14, 2024, for the hearing of the several applications filed by the applicant, particularly the application seeking to nullify the Kano State Emirate Council (repeal) Law 2024.
The appellant further stated, “On the 13th day of June 2024, we immediately attempted to file our Notice of Appeal but were denied the opportunity by the Registry of the Federal High Court in Kano on the grounds that it was well after 2pm and they would not take processes anymore.
“Of great interest is that the registry continued to take processes for filing in other matters, which were not related to the above mentioned suit.
“We, therefore, filed the notice of appeal at the Court of Appeal Registry and filed alongside an application for departure from the rules.
“On the 14th of June 2024, the Registry of the Federal High Court did not open till 9am due to hostility and fear of collecting processes from us for filing. We also applied for the ruling of the 13th day of June 2024, assuming jurisdiction, but as suspected, the ruling is not yet ready.
“We compiled records with the documents we were served, though uncertified but largely the documents filed by the plaintiff at the lower court and were given an appeal number as indicated above. We certainly would compile supplementary records shortly upon receipt of the proceedings and ruling.
“We consequently filed a motion for stay of proceedings or further proceedings before His Lordship.
“It may be of interest that your Lordship be informed that all these issues were brought to the attention of His Lordship. Hon Justice A. M Liman but in a short ruling today refused an application for stay of proceedings, despite becoming aware of the motion pending in the Court of Appeal.”
The appellant submitted that an appeal shall be deemed to have been entered in the court when the record of proceedings in the court below had been received in the Registry of the court.
He stated, “Where there is an application before a higher court for a stay of further proceedings in the lower court, a decision by the lower court, which will render the result of such application nugatory, should be avoided.
“This unfortunate attitude in disregarding the process of the Court of Appeal bothers on judicial impertinence. it is an affront on the authority of the Court of Appeal. All the courts established under the constitution derive their powers and ‘authority’ from the constitution.
“His lordship went ahead to hear an interlocutory application seeking to nullify the Kano State Emirate Council (repeal) Law 2024, which is the subject matter of the suit before My Lord.
“All entreaties, including learned silk, Eyitayo Fatogun SAN’s recusing himself and applying that the matter be adjourned so that the parties he was representing could get other legal representation, fell on deaf ears as his lordship went ahead with the hearing of the motion.
“The effect of the grant of the motion heard by my lord, of the Federal High Court, when His Lordship delivers ruling on Thursday, the 20th of June 2024, is that the Emirate Council law as it is in force in Kano may be nullified, and the present Emir of Kano, HRM, Lamido Sanusi, may be removed from his palace as the police have hinted on carrying out the orders of the Federal High Court.”
They argued that the Federal High Court had determined the entire appeal based on jurisdiction as the court had continued to assume jurisdiction.
The appellant further averred, “It would set a bad precedent of lower courts choosing not to respect the decisions or proceedings of the higher court.
“The Federal High Court with its disposition might grant the orders prayed for and cause that the five emirates and their emirs, some of whom have left the state for peace to reign would then have to return, causing chaos and uprising in the state.
“The loss of lives, which might be occasioned by the ruling, may be rather too much, as the peace in the state may be breached.
“It is in the interest of justice that the Court of Appeal takes over the entire proceedings as there are conflicting orders of the Kano State High Court and Federal High Court on the same subject matter.”
Meanwhile, APC criticised comments credited to Kwankwaso that the ruling party was trying to take Kano State through a state of emergency as disappointing and insensitive.
National Publicity Secretary of APC, Felix Morka, in a statement issued on Tuesday, noted that Kwankwaso’s wild and unhinged comments were made in reference to the lingering Emirate tussle in Kano.
Morka stated that the ruling party expected Kwankwaso to demonstrate high grade discretion, and a better grip of the severe social, political and security implications of unguarded utterances capable of fuelling tension and strife in Kano.
He added that it was disturbing that Kwankwaso would accuse the federal government of attempting to create a new breed of Boko Haram terrorists — “the same Boko Haram that had inflicted unspeakable and despicable acts of terror that have destroyed the lives of innocent citizens and our heroic men and women in uniform”.
He added, “Without any shred of evidence, he (Kwankwaso) further alleged that certain individuals in APC fold were goading the federal government with the goal of reclaiming Kano State through a declaration of a state of emergency.
“We consider Kwankwaso’s comments to be disappointing, highly incendiary and unconscionable for an individual of his standing.”
Morka said in his unhinged bid to lash out, Kwankwaso ignored the federal government’s glaring neutrality on the emirate crisis in Kano from the outset.
He stressed that as a government that thrived on respect for the rule of law and constitutional liberties, the federal government had confidence in the courts to fairly adjudicate the matter already before them, and had no need or reason to side with any of the parties in the emir-ship dispute.
APC stated that as a statesman, Kwankwaso should busy himself with exploring and exhausting all avenues for political and peaceful solutions to the royal impasse rather than amplifying the drums of strife and upheaval.
It maintained that the situation in Kano State called for calm, as the country awaited judicial or political resolution of all outstanding matters.
The ruling party stated that the people of Kano deserved to live in peace, unity and security.
Meanwhile, the New Nigeria People’s Party (NNPP), the ruling party in Kano, has appealed to eminent Nigerians to dissuade the APC from setting Kano State and, by extension, the entire northern part of the country on fire through a manipulation of the judiciary to allegedly snatch the state from the party.
The national publicity secretary of the party, Ladipo Johnson, said in a statement yesterday that “Nigerians should realise that the unfolding development in Kano is rooted in politics, which is a dangerous thing to cultivate amidst the numerous challenges confronting the federal government, particularly on the issue of security of lives and property.
“The suffocating economy, terrorism and insurgency, kidnapping, and the daily bloodletting by criminal gangs across the country, we believe, should be major concerns of the federal government rather than dabbling into chieftaincy matters in Kano as a political weapon ahead of 2027.
“Now, the inference among the good people of Kano is that the situation is degenerating with the key objective of causing violence on a scale that would lead to the declaration of a state of emergency in Kano, thereby paving the way to take over Kano. In which case they want to achieve what they failed to achieve through the ballot box and the court”, he further alleged.
The presidency had on Monday denied allegations that the federal government was planning to declare a state of emergency following the protracted impasse surrounding the emirship tussle in Kano.