The Federal High Court in Kano has ruled in favor of His Royal Highness, Alhaji Aminu Ado Bayero, the former Emir of Kano, in a case concerning the violation of his fundamental rights.
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The judgment, delivered on Friday, June 14, 2024, by Justice S.A. Amobeda, found that the actions of the Kano State Governor in ordering the arrest of Alhaji Bayero were unconstitutional and a breach of his rights to liberty and freedom of movement.
The court ordered the following:
1. The Governor’s directive to arrest the former Emir without lawful justification was declared a threatened breach of the Applicant’s right to liberty under Section 35(1) of the Nigerian Constitution.
2. The court found that forcing the Applicant into house arrest violated his right to freedom of movement as guaranteed by Section 41(1) of the Constitution.
3. The 2nd, 3rd, 4th, and 5th Respondents (including the Attorney General of Kano State and various law enforcement agencies) were restrained from arresting, detaining, threatening, intimidating, or harassing the Applicant.
4. The Kano State Government was ordered to pay N10 million in damages to Alhaji Aminu Ado Bayero for the breach and likely breach of his fundamental rights.
5. The court, however, refused the prayer for the cost of filing and prosecuting the suit, as it was not specifically pleaded and strictly proved.
Download Full Judgment – [FHC/KN/CS/190/2024]
This ruling sets a precedent in protecting the rights of traditional rulers and citizens against arbitrary actions by state governments. It underscores the importance of due process and the rule of law in Nigeria’s democratic system.
The case, with suit number FHC/KN/CS/190/2024, saw representations from senior legal practitioners, including Mamman Lawan Yusuf, SAN, for the Applicant, and M.A. Magaji, SAN, for the 2nd Respondent.
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