The Federal High Court sitting in Kano has ruled that it has jurisdiction to preside over the case involving alleged human rights violations stemming from the reinstatement of Emir Mohammadu Sanusi II and the subsequent deposition of Emir Aminu Ado Bayero.
The court’s assertion of jurisdiction comes after an earlier ex-parte order halting Governor Abba Kabir Yusuf’s move to reinstate Sanusi and abolish four emirates Bichi, Gaya, Karaye, and Rano.
The interim order directed all parties to maintain the status quo pending the determination of the suit filed by Sarkin Dawaki Babba and Aminu Babba-Dan’Agundi.
Delivering the ruling, Justice Liman cited Section 42, Sub-section 1 of the Constitution, which confers jurisdictional powers on the Federal High Court to adjudicate on such matters.
Background
In March 2020, the then-Governor of Kano State, Abdullahi Ganduje, dethroned Muhammadu Sanusi II, the long-reigning Emir of Kano, citing insubordination and disrespect for lawful instructions from the state government.
Following Sanusi’s removal, Aminu Ado Bayero, a former diplomat and member of the Kano Emirate Council, was appointed as the 15th Emir of Kano.
The Ganduje administration further fueled tensions by pushing through a bill that abolished the centuries-old Kano Emirate and replaced it with five smaller emirates – Kano, Bichi, Gaya, Karaye, and Rano.
This move was widely perceived as an attempt to diminish the influence and authority of the traditional institution.
In 2023, Abba Kabir Yusuf, a political rival of Ganduje, won the gubernatorial election in Kano State.
Upon assuming office, one of Yusuf’s first actions was to initiate the process of reinstating the deposed Emir Sanusi and reversing the creation of the four additional emirates.
Emir Bayero and his supporters, including Aminu Babba-Dan’Agundi, a senior councillor, vehemently opposed Yusuf’s decision.
They argued that reinstating Sanusi violated their constitutional rights and undermined the sanctity of the traditional institution.
Bayero and Babba-Dan’Agundi filed a lawsuit against the Kano State Government, alleging human rights violations and seeking to halt Sanusi’s reinstatement.
Court’s Decision
Justice Liman cited Section 42, Sub-section 1 of the Constitution, which confers jurisdictional powers on the Federal High Court to adjudicate on such matters.
The judge stated, “My respectful view is that the case of Tukur against the Gongola is indistinguishable with the present case. Section 42 Sub-section 1 and Section 32 of the Constitution have vested a power on our court to decide on this matter.”
Justice Liman ruled that the court has the jurisdiction to preside over the case.
The judge noted, “What I find intriguing is the respondents’ total reliance on this case of Gongola, whereas Section 42 Sub-section 1 of the Constitution has clearly spelt out the jurisdictional powers of the Federal High Court to preside over such a case.”
Justice Liman adjourned the case to June 14, 2024, for a substantive hearing.
