From Desmond Mgboh Kano
Justice Abdullahi Mohammed Liman of the Federal High Court, Kano, yesterday, adjourned, to June 13, ruling on whether or not the court has the jurisdiction to hear a case concerning the Kano Emirate Council dispute.
The judge adjourned the case after listening to written addresses by counsel to the plaintiff, Mohammed Saidu Waziri, and counsels to first, second, fourth and fifth 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 queried the mode of commencing 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 subsist 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 adjournment, given that they had expected the restraining order against them to be vacated by the court.
The Federal 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 the 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 bill 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 should address the court on the same at the hearing of the fundamental right application on June 3. 2024.