From Desmond Mgboh, Kano
A Federal High Court sitting in Kano and presided by Justice Abdullahi Mohammed Liman has adjourned to June 13th for ruling on whether or not it has the jurisdiction to hear a case bothering on the Kano Emirate Council dispute.
The judge adjourned the case after listening to written addresses by cousel to the plaintiff, Mohammed Saidu Waziri and counsels to 1st, 2nd and 4th and 5th respondents, namely Mahmoud Magaji (SAN) and Wangida Ibrahim Isah.
In their written addresses, the respondents raised three fundamental issues namely that the applicant in the case, Aminu Babba Dan Agundi has no jurisdiction to institute the case given that the Kano Emirate Council Law that made him a kingmaker had been repelled by the Kano Emirate Council Law 2024 and therefore he had ceased to be a kingmaker.
They also questioned the jurisdiction of the court to hear the case on the grounds that the substantive issue in the case bothered on chieftaincy title which is contained in the Kano Emirate Council Law, which ought to be heard by the State High Court.
The respondents also querried the mode of comnencing the action, adding that enforcement of fundamental rights is not a mode of challenging a case on chieftaincy affairs
Speaking to journalists outside the court, Counsel to the applicant, Mohammed Saidu Waziri on the contrary submitted that the Federal High court has the jurisdiction to hear the suit as it bothers on the fundamental rights of the applicant
He also noted that the restraining order issued by the court on the state government, the Speaker of the House of Assembly, the Assembly and the security agencies subsists as the order has not been vacated.
Daily Sun gathered that the governors camp, including the camp of Sanusi Lamido Sanusi was not comfortable with the adjourment given that they had expected the restraining order against them to be vacated by the court.
It could be recalled that the Fedeal High Court had weeks ago granted an ex- parte motion restraining the Kano State Government from reinstating Emir Muhammadu Sanusi II.
The case was filed by a title holder in the Kano Emirate Council, Aminu Babba Dan Agundi against Kano State Government, Kano State House of Assembly and the Speaker of the Kano State House of Assembly,
“That parties are hereby ordered to maintain status quo ante the passage and assent of the bil into pending the hearing of the fundamental Rights applications” the court had 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 same at the hearing of the fundamental right application slated for June 3rd. 2024