A Federal High Court in Kano has reserved judgment on the fundamental rights enforcement suit filed by the deposed Emir of Kano, Aminu Ado-Bayero. Ado-Bayero’s counsel, M L Yusufari, filed a motion on May 27, seeking protection from arrest, intimidation, and rights infringement.
According to the News Agency of Nigeria, the respondents include the Attorney General of the Federation, Kano State Attorney General, and various security agencies.
In court, Michael Jonathan, counsel for Ado-Bayero, argued that the court had jurisdiction over fundamental rights proceedings.
He filed an originating motion, affidavit, and written address, urging the court to hear the case for the sake of justice and peace in Kano.
Counsel to Kano State Attorney-General, Mahmoud Abubakar-Magaji, filed a preliminary objection dated May 30 and filed May 31 on four grounds on Kano Emirate Council (Repeal) Law 2024 and fundamental rights.
He urged the court to dismiss and strike out the entire process particularly the originating summons of the applicant motion.
Abubakar-Magaji said, “It is a privilege being an emir, not a right. The applicant filed his application five days after he was dethroned as the Emir of Kano.
“My lord the purported right of the applicant does not exist. This court has no jurisdiction to entertain this case.”
He also filed a motion on notice dated May 31, to set aside the exparte order it earlier granted restraining the respondents from arresting, intimidating or harassing the applicant.
Justice Simom Amobeda said 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 be given to him in the interest of justice and maintenance of peace in Kano state.
The court also restrained the 3, 4 and 5th respondents and all other respondents from denying the applicant to use his official residence and palace at the Emir’s Palace, Kofar Kudu.
The State House of Assembly on May 23, dissolved all the four newly created Emirate councils in the state.
