A Kano Division of the Federal High Court has upheld the deposed Emir of Kano, Alhaji Aminu Ado Bayero’s rights to freedom of movement and personal liberty.
The court ordered the Kano State Government to pay N10 million in damages to the 15th Emir for violating his fundamental human rights.
In a judgment delivered on Friday, Justice Simon Amobeda of the Federal High Court 3 affirmed that the government’s actions against the Emir constituted a flagrant breach of his constitutional rights.
The court ruled that the government unlawfully threatened and placed Bayero under house arrest without any justification.
Background
In 2019, the Kano State Government initiated the removal of Muhammadu Sanusi II from the throne of the Emir of Kano.
This controversial decision involved employing kingmakers to select a new Emir, leading to the appointment of Alhaji Aminu Ado Bayero as the 15th Emir of Kano.
The situation escalated in May 2024 when the state government unexpectedly announced through social media channels that Bayero had been deposed as Emir.
Subsequently, Authorities issued a 48-hour ultimatum, instructing Bayero to vacate the palace under the threat of arrest for non-compliance.
Emir Bayero’s abrupt removal and the manner in which it transpired raised concerns about the constitutional legitimacy of the government’s actions.
Citing violations of his fundamental human rights, the deposed Emir approached the Federal High Court to challenge the state’s decision.
Bayero’s legal team argued that the government’s conduct, including threats of arrest, restrictions on movement, and the method of his removal, contravened constitutional guarantees of personal liberty and freedom of movement.
Court’s Decision
Justice Simon Amobeda of the Federal High Court 3 in Kano held that the actions of the Kano State Government against Emir Bayero constituted a flagrant violation of his constitutionally enshrined rights.
The court ruled that the government acted unlawfully by threatening Bayero and effectively placing him under house arrest without any justifiable grounds.
Justice Amobeda maintained that the court possessed the requisite jurisdiction to adjudicate the matter as it involved issues pertaining to the abuse of fundamental human rights.
The court held that the applicant, Emir Bayero, had furnished cogent and compelling evidence substantiating the violation of his rights.
Justice Amobeda determined that the government’s threat to arrest Bayero and the restrictions imposed on his freedom of movement amounted to a breach of his constitutional rights to personal liberty and freedom of movement, as guaranteed under Sections 35(1) and 41(1) of the 1999 Constitution.
Consequently, the court issued a restraining order, prohibiting security agencies, including the police, Department of State Services (DSS), army, air force, and navy, from arresting, detaining, or harassing the deposed Emir in any manner.
The court directed the Kano State Government to pay compensatory damages of N10 million to Bayero for the infringement of his fundamental human rights to personal liberty and freedom of movement.
The court dismissed the prayer for the reimbursement of costs associated with filing and prosecuting the suit.