*Court Sets Aside Reinstatement of Muhammadu Sanusi II as Emir of Kano

The Federal High Court sitting in Kano and presided over by Justice A. M. Liman has set aside the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.

The court refused to nullify the Kano Emirate but set aside steps taken by the state government in pursuance of the law.

The judge, Justice Liman, however, while delivering his ruling, ordered that the status quo be maintained by all parties.

According to him, “I hereby order that every step taken by the defendant in pursuance of the Kano State Emirate Council Law is hereby annulled and set aside.

“However, this order does not affect the validity of the law, which is the subject matter, and I refuse the prayer by the applicant to nullify the law.

“I have listened to the audio of the governor both in Hausa and English after assenting to the law, and I am convinced that the respondents are aware of the order of maintaining status quo pending the hearing and determination of the motions on notice in the court.

“Having been satisfied that the respondents are aware of the court order, the court in exercise of its powers set aside an action because it is in violation of the court’s order. I think it is a very serious matter for anyone to flout the orders of the court and go scot free with it,” Liman said.

The judge based his ruling on the grounds that the government was aware of the court order to maintain the status quo but went ahead to take further steps and actions.

“I am convinced that the respondents are aware of the order dated May 23 to maintain the status quo pending the hearing and determination of the case.

“I think it is a very serious matter for anyone to flout the orders of the court and go scot-free with it.

“The catastrophic situation could have been averted if the respondents had followed due process by complying with the court order, which would still have allowed them to carry out their assignments,” he said.

Liman noted that the respondents however decided to act according to their whims and caprices, a situation which he said landed them in a serious mess.

However, the judge transferred the case to Justice Simon Amobeda for continuation in view of his elevation to the Court of Appeal.

Recall earlier that counsel to the applicant, M. S. Waziri, urged the court to nullify the Kano Emirates Council (Repeal) Law 2024.

Similarly, Justice Liman, while delivering the ruling on the stay of proceedings, granted the application for a stay of proceedings on the jurisdiction of the court to entertain the matter.

Recall earlier that counsel to the Kano State House of Assembly and Speaker, Eyitayo Fatogun SAN, told the court that he had filed a notice of appeal at the Court of Appeal and a motion for a stay of proceedings.

Fatogun also applied to be recused from the matter, asking for an adjournment to enable his clients to find another lawyer and pending the hearing and determination of his application at the Court of Appeal on jurisdiction.

Counsel to the Attorney General of Kano State and the State Government, Mr. A.G. Wakil, aligned himself with the position of Fatogun.

Also, counsel to the Commissioner of Police Kano and Inspector General of Police, Mr. Sunday Ekwe, told the court that the duty of the police was to maintain peace in the state, which is why they did not file any responses on the jurisdiction issue.

Recall that the applicant, Sarkin Dawaki Babba of the Kano Emirate, Aminu Babba Dan’Agundi, had approached the court seeking his fundamental human rights and that the court should restrain the respondents from enforcing, implementing, and operationalizing the repealed law.

However, the respondents in the suit are the Kano State Government as the 1st respondent, Kano State House of Assembly (2nd), Speaker of the 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 the DSS as the 7th and 8th respondents, respectively.

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