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From Desmond Mgboh Kano
The Federal High Court sitting in Kano, presided by Justice Abdullahi Mohammed Liman, has affirmed its jurisdiction to hear a fundamental rights application brought before it by a senior councillor in the Kano Emirate Council, Aminu Babba Dan Agundi, following Aminu Ado Bayero’s deposition as the Emir of Kano by the Kano State Government.
Justice Liman, while ruling on the jurisdiction of the court to hear the matter yesterday, relied on Section 42 Sub-section 1 of the Constitution.
The judge said: “What I find intriguing is the respondents’ total reliance on the case of Gongola, whereas Section 42 sub-section 1 of the constitution has clearly spelt out the jurisdictional powers of the Federal High Court to preside over such cases.
“My respectful view is that the case of Tukur against Gongola is distinguishable with the present case. Section 42 sub-section 1 and Section 32 of the constitution has vested powers in our court to decide on this matter.”
Following the ruling, the counsel to the plaintiff, Chukwuson Ojukwu, moved for the hearing on the substantive motion, notably the invalidity of the reappointment of a new Emir, and the deposition of 15th Emir, Ado Bayero.
However, the counsel to the respondents, A. G Wakil, countered that the new motion seeking to continue hearing on the chieftaincy affairs issues was not part of the original summons, adding that it was a different application outside the matter of human rights violation, and the case of jurisdictional powers of the court, which the court had decided.
The judge subsequently adjourned the case to June 14, saying the case was too sensitive to linger.
The Federal High Court had, weeks ago, granted an ex-parte motion, restraining the Kano State Government from reinstating Emir Muhammadu Sanusi.
The case was filed by Agundi against the Kano State Government, Kano State House of Assembly and the Speaker of the Kano State House of Assembly.
“The parties are, hereby, ordered to maintain status quo ante the passage and assent of the bill into law pending the hearing of the fundamental rights applications,” the court held.
The court further held that in view of the constitutional and jurisdictional issues apparent on the face of the application, parties shall address the court on the same issue at the hearing of the fundamental rights application slated for June 3, 2024
