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•Orders IGP, CP to restore Bayero’s full entitlement
•Another court counters order
From Desmond Mgboh, Kano
The crisis rocking the Kano Emirate Council took a dramatic twist yesterday, when the Federal High Court ordered the immediate removal of the newly reinstated Emir Muhammadu Sanusi II from the Kofar Kudu Palace.
There have been both political and legal tussle in one of Nigeria’s largest ancient city in the past few days over the legality of rightful occupant of the position of Emir of Kano, between the former Governor of Central Bank of Nigeria (CBN), Muhammadu Sanusi II, and Aminu Ado Bayero.
However, the ruling by the Federal High Court Presiding Judge, Justice S. A. Amobeda, yesterday, seems to have laid the matter to rest in an ex parte order granted in the interest of justice and maintenance of peace in Kano State.
Ruling on an ex parte motion in suit no FHC/KN//CS/190/2024 filed by the Emir of Kano, Aminu Bayero, yesterday, the court, presided over by Justice S. A. Amobeda, also ordered the police to ensure all the rights and privileges due to Emir Bayero are given to him.
The order granted by Justice Amobeda specifically ordered the Inspector General of Police (IGP), Kayode Egbetokun, and the Kano State Commissioner of Police, Hussain Gumel, to execute the order, upholding Bayero as the substantive Emir of Kano.
The judge, who granted the order after hearing from M.L. Yusufari, SAN, appearing with Abdul Muhammad SAN, Abdul Adamu Fagge Esq, Abdulrazak A. Ahmad Esq, and Bashiru Ibrahim Esq, who are counsels for the applicant, said the move is in the interest of justice and the maintenance of peace in Kano State.
According to the court’s document obtained in Kano, the orders read in full: “An order of interim injunction restraining the Respondents either by themselves, their agents, servants, privies, or any other person or authority from inviting, arresting, detaining, threatening, intimidating, harassing the applicant, raiding, tempering with or visiting the applicant’s in order to arrest or infringe on his right or in any order to arrest or infringe on his right or in any other way infringe or attempt to infringe the applicant’s rights pending the hearing and determination of the originating motion.
“An order restraining the third, fourth, and fifth respondents and all other respondents from denying the applicant the right to use his official residence and palace at the Emir’s Palace, Kofar Kudu, as well as enjoyment of all rights and privileges accrued to him by virtue of being the Emir of Kano State, and to evicting anybody residing within the palace illegally, pending the hearing and the determination of the originating summons.
“An order granting leave to the bailiff of this court to serve the third and fourth respondents with all processes in this suit through the office of the fifth respondent situated at Police Headquarters, Kano Command, Bompai, Kano State, and deeming the service as valid, and an order granting leave to the bailiff of this court to serve the sixth and seventh respondents with all processes in this suit through their respective Kano offices, situated at Giginyu, Kano, and Zaria Road, Kano, and deeming the service as valid, personal, and proper.
(Continued on www.sunnewsonline.com)
And for such other orders as this honourable court may deem fit to make in the circumstances.”
The Kano emirship tussle began following the decision of the Kano House of Assembly to repeal the law that led to the creation of five emirates in the state and the appointment of Aminu Bayero as Emir of Kano. The repeal paved the way for the purported reinstatement of Sanusi and the reported dethronement of Aminu Bayero. But on May 23, the Federal High Court in Kano ordered the state government not to enforce the Emirate Council Repeal Law 2024, an order that was blatantly ignored by the Governor Abba Yusuf-led Kano government.
Bayero returned to Kano from a trip to Ogun on Saturday and moved into a palace in Nassarawa Local Government Area, while Sanusi occupied the palace at Kofar Kudu. The development prompted the Kano governor to order Bayero’s arrest, but the police said they would abide by the court’s order, which put a hold on the implementation of the amended Kano Emirate law.
Meanwhile, the Kano State High Court, presided by Justice Amina Adamu Aliyu, has restrained the Inspector General of Police and the Chief of Defence Staff from harassing or intimidating or invading the personal residents of the reinstated Emir of Kano, Sanusi Lamido Sanusi. Also restrained by the interim injunction were the Commissioner of Police, the Director, Department of State Service, and Aminu Ado Bayero. The application was filed by Sanusi Lamido Sanusi, Yusuf Nabahani Chigari, Ibrahim Sarkin Abdullahi, Munsur Murthar Annan and Bello Tuta.
The court also restrained the respondents from attempting to hijack, pick, commandeer or confiscate any of the twin spear of authority, the hat of Dabo, the ostrich featured shoes, the knife and sword of the Emir of Kano as well as symbols of authority, pending the hearing and determination of motion on notice. The respondents were further barred from taking further steps in connection with the matter as well as interfering with the functions and duties of Sanusi Lamido Sanusi as the Emir of Kano.
The case was adjourned till June 13, 2024 for hearing.
