Kano Emirate Tussle: Court fixes June 13 for ruling
A Federal High Court in Kano has set June 13 as the date for ruling on the jurisdiction matter in the ongoing case concerning the Kano emirate dispute.
The court proceedings were adjourned by Justice Abdullahi Muhammad Liman following a tense argument between the legal representatives.
The applicant, Aminu Babba Dan Agundi, Sarkin Dawaki Babba of the Kano Emirate, had petitioned the court to restrict the respondents from enforcing the repealed law.
The respondents named in the lawsuit include the Kano State Government, Kano State House of Assembly, Speaker, Attorney General of Kano State, Kano Commissioner of Police, IGP, NSCDC, and DSS.
During the latest hearing, counsel for the applicant, M.S Waziri, informed the court that they had submitted a written address dated June 6 for consideration.
“On the issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated 6th June and hereby adopt same and maintain that the court has jurisdiction to entertain the matter because the issue is of fundamental human rights.
“The applicant as a member of Kano emirate Kingmakers ought to have been involved in the reinstatement of the new emir. My lord, breach of fundamental rights has no timeline. I urge the court to proceed with the case.”
Responding, counsel for the first and fourth respondents, Mahmoud Abubakar Magaji (SAN), urged the court to decline the jurisdiction to entertain the matter.
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He argued that the law had gone through legislative processes and the order came only after the action was done and his client was only served on a Monday of the following week.
He therefore urged the court to decline to entertain the matter on the issue of jurisdiction.
“We filed a written address dated June 3 and filed June 6. In the constitution, only the Kano State House of Assembly has the authority and power to make law.
“The applicant is neither a member of the House of Assembly or the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted,” he said.
On his part, counsel for the second and third respondents, Ibrahim Isah Wangida aligned himself with the submission of the first and second respondents, arguing that the applicant cannot claim his right was breached as the 2024 law was repealed and accented to before the applicant filed action.
“The 2019 Kano emirate council law which gave the power to the applicant at the time of filing his action was abolished so he siezed to be a kingmaker as of the time he filed the action because the governor has already accented to the law.”
On their part, counsel for the fifth and sixth respondents, Sunday Ekwe, told the court that they did not file any issue bordering on jurisdiction because the duty of the police is to maintain peace and wait to carry out order of the court.
The judge adjourned the case to June 13 for ruling on jurisdiction.