Desmond Mgboh, Kano
A Kano State High Court, presided by Justice Usman Nabba has invalidated the four new emirate councils created by Kano State Governor, Dr Abdullahi Umar Ganduje on May 8th, 2019.
The court also ordered a perpetual injunction restraining all the defendants, namely the Governor and the House of Assembly, their servants, agents, proxies from given effect to or from continuing to give effect to the Kano State Emirs (Appointment and Deposition Law) 2019.
Affected by the judgement are the Emirates of Bichi, Gaya,Rano and Karaye, all of whom have since began to function in line with the law establishing them.
The judgement followed a suit brought by a former member of the Kano State House of Assembly, representing Gwarzo Constituency, Hon. Rabiu Suleiman Gwarzo challenging the legality of the proceedings and decisions of the Kano State House of Assembly in respect of the purported bill assented by the governor of the state.
In its judgement, Thursday, the court held that the purported proceedings or discussions taken by the Kano State House of Assembly in respect of the Kano State Emirs (Appointment and Deposition Law) 2019 violated its own rule explaining that there was a non compliance to Order II, Rule 3 of Kano State House of Assembly (2019).
He explained that under the specification of the said Order, a person who is not a member of the Kano State House of Assembly cannot present a petition to the Assembly.
He affirmed that the petition entitled,” Appointment and Upgrading of Some Traditional Rulers to the status of 1st Class Emirs” dated May 6th and written by one Ibrahim Salisu Chambers, was not properly taken by the House, arguing that the Assembly has no authority and power to allow a presentation of a petition by person who is not a member of the Assembly .
The judge therefore ruled that Kano State Governor cannot validly assent to a bill passed on the 8th of May 2019, which relied on the purported proceedings and decisions of the House of Assembly on the 6th, 7th and 8th May, 2019 on the above subject matter.
Kano State Attorney General, Barrister Ibrahim Mukthar, who is the fifth defendant, told reporters at the court premises that all the defendants would study the case and decide on the next line of action.
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