Victor EzejaThe Kano Emirate tussle has been generating ripples since last month with the latest being an order of a Federal High Court sitting in Kano, ordering the State Government to pay the sum of N10 million as compensation to the 15th Emir, Aminu Ado Bayero, for violating his fundamental human rights.
The presiding judge, Simon Amobeda, gave the order on Friday while delivering judgment in a suit marked FHC/CS/190/2024, filed by Bayero, who was deposed by the Kano State government last month.
Join our WhatsApp ChannelBayero had filed the suit seeking enforcement of his fundamental human rights.
Joined in the suit as defendants were the Attorney-General of the Federation (1st respondent), Attorney-General of Kano (2nd), Nigeria Police Force (3rd), IGP (4th), Kano Commissioner of Police (5th), DSS (6th), NSCDC (7th), Nigerian Army (8th), Nigerian Air Force (9th) and Nigerian Navy (10th).
The judge retrained security operatives from arresting, detaining, and harassing Bayero or engaging in any other act that could amount to breaching the applicant’s fundamental rights.
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According to Amobeda, “the act of the governor of Kano state in directing the Police to arrest the Applicant without any lawful justification is a threatened breach of the fundamental right to Liberty of the applicant guaranteed under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“That, the act of the Governor of Kano State in directing the police to arrest the Applicant without any lawful justification, which directive has forced the Applicant into house arrest, preventing him from going freely about his lawful business, constitutes a flagrant violation of his fundamental right to freedom of movement as guaranteed under Section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“That the 2nd, 3rd, 4th, and 5th Respondents are either by themselves, their agents, servants, privies, or any other person or authority forthwith restrained from arresting, detaining, threatening, intimidating, harassing the Applicant or further interfering with the Applicant’s fundamental rights.
“That the 2nd Respondent and the Government of Kano State shall pay to the Applicant the sum of N10,000,000.00 (Ten Million Naira) only for the breach and likely breach of the Applicant’s fundamental rights to personal liberty and freedom of movement guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
The judge, however, refused to grant a prayer that the cost of filing and prosecuting the suit be paid to the litigant, stating that the amount was not “specifically pleaded and strictly proved.”
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Back Story
The Kano State House of Assembly had on 23 May passed a bill that repealed the provision inserted in the Kano Emirate Council law during Abdullahi Ganduje’s administration in 2019 that allowed for the creation of five emirates in the state. The bill which was subsequently signed into law by the state governor, Abba Yusuf, paved the way for the reinstatement of Lamido Sanusi Lamido as Emir after his dethronement in 2020.
Shortly after the State House of Assembly passed the Emirate Council Repeal Law 2024, a Federal High Court in Kano ordered the state government not to enforce it.
The state governor had upon Bayero’s return from a trip, ordered his arrest, claiming that the deposed Emir’s presence was “creating tension in the state.”
Subsequently, there was a gale of conflicting court orders. First, a judge of the Kano State High Court, Amina Aliyu, on 27 May, granted an exparte order restraining Bayero from parading himself as the Emir of Kano pending the determination of the suit.
Bayero had upon his return moved to a place in Nassarawa Local Government Area.
The court also ordered the police to take over the Nassarawa palace where Bayero has been staying since he returned to Kano.
Aliyu also gave an order barring security operatives from evicting Sanusi from the Emir’s palace.
However, Amobeda on his part gave an order for the eviction of Sanusi from the palace.
Victor Ezeja is a passionate journalist with six years of experience writing on economy, politics and energy. He holds a Masters degree in Mass Communication.
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