A Federal High Court in Kano on Friday reserved judgment on the enforcement of fundamental rights of the 15th deposed Emir of Kano, Aminu Ado-Bayero.
Aminu Ado, through his counsel, M. L. Yusufari, filed a motion ex parte dated May 27, seeking to restrain the respondents from arresting, intimidating, or infringing on his rights.
The respondents in the case include the Attorney General of the Federation, Attorney General of Kano, Nigeria Police, Inspector General of Police, Commissioner of Police Kano, State Security Service, NSCDC, Nigeria Army, Nigerian Navy, and Nigerian Airforce.
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When the case was brought before the court, counsel for the applicant, Michael Jonathan, argued that the court had jurisdiction to entertain the case as it was a matter of fundamental rights proceedings.
Jonathan filed an originating motion dated May 27, supported by an affidavit and a written address. He urged the court to hear the fundamental rights suit in the interest of justice and peace in Kano and to dismiss the respondents’ preliminary objection on grounds of abuse of court process.
On behalf of the Kano State Attorney-General, Mahmoud Abubakar-Magaji, a preliminary objection dated May 30 and filed on May 31 was presented.
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This objection was based on grounds related to the Kano Emirate Council (Repeal) Law 2024 and fundamental rights.
Abubakar-Magaji urged the court to dismiss and strike out the entire process, particularly the originating summons of the applicant’s motion.
He contended that being an emir is a privilege, not a right, and that the applicant filed his application five days after being dethroned, arguing that the court lacked jurisdiction to entertain the case.
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Abubakar-Magaji also filed a motion on notice dated May 31 to set aside the ex parte order previously granted, which restrained the respondents from arresting, intimidating, or harassing the applicant.
Justice Simom Amobeda indicated that the court would communicate the date for judgment to the parties.
On May 28, the court ordered the respondents to ensure all rights and privileges of the applicant were upheld in the interest of justice and the maintenance of peace in Kano State.
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The court also restrained the 3rd, 4th, and 5th respondents and all other respondents from denying the applicant the use of his official residence and palace at the Emir’s Palace, Kofar Kudu.
This legal battle follows the May 23 decision by the State House of Assembly to dissolve all four newly created Emirate councils in the state.
Further details will be provided as the case develops.
Source: NAN