The reappointment of Muhammadu Sanusi II as the 16th Emir of Kano has been nullified by a Federal High Court sitting in Kano yesterday.
Kano State government in a swift reaction hours after the ruling yesterday, insisted that Mohammad Sanusi remained the 16th emir of Kano.
It also asked Ado Bayero to vacate the Gidan Nassarawa mini palace, where he had been living after his removal, for demolition.
Alhaji Aminu Babba-Dan’agundi, who holds the title of Sarkin Dawaki Babba, had, through his counsel, Ibrahim Aliyu-Nasarawa, filed a motion dated May 23, in which he asked the court to restrain the Kano State government from implementing the Kano State Emirate (Repeal) Law 2024.
The law had repealed the 2019 Emirate Council law that established five emirates from the original Kano Emirate.
With all Emirs sacked, the 14th Emir of Kano, Muhammad Sanusi II, who had been sacked by the Abdullahi Ganduje administration in March 2020, was reinstated as 16th Emir to replace Aminu Ado Bayero, who was consumed by the repeal of the law.
Disatisfied with the development, Babba-Dangundi took the matter to court to seek a reversal of the removal of Bayero.
The respondents were the Kano State Government, Kano State House of Assembly, Speaker, Kano State House of Assembly, Attorney-General of Kano State and Commissioner of Police in Kano.
Others are the Inspector General of Police, Nigeria Security and Civil Defence Corps and the Department of State Security Service.
Delivering ruling yesterday, Justice Abdullahi Muhammad-Liman declared that all actions carried out by the state government, following the passage of the Kano Emirate Council (Repeal) Law 2024, were null and void.
“I hereby order that every step or actions taken by the respondents in pursuant to Kano Emirate Council Repeal Law 2024 is null and void and is set aside. However, this order does not affect the validity of the law,” he said.
He also ordered all parties to maintain the status quo ante, and held that the respondents were aware of the earlier order, dated May 23, to maintain status quo, pending the hearing and determination of the case.
“I think it is a very serious matter for anyone to flout the orders of the court and go scot free with it.
The catastrophic situation could have been averted if the respondents followed due processes by complying with the court order, which would still have allowed them to carry out their assignments,’’ he said.
Muhammad-Liman granted the respondents’ application for stay of proceedings, pending hearing and determination of their application at the court of appeal on jurisdiction.
“I hereby transfer the case to Justice Simon Amobeda, Federal High Court 3,” he said.
Earlier, counsel to the applicant, M. S. Waziri, had urged the court to nullify the Kano Emirates Council (Repeal) law 2024.
Counsel to Kano State House of Assembly and Speaker, Eyitayo Fatogun, told the court that he had filed a notice of appeal at the Court of Appeal and a motion on stay of proceedings.
Fatogun also applied to be recused from the matter, asking for an adjournment to enable his clients find another lawyer, and pending hearing and determination of his application at the court of appeal on jurisdiction.
Counsel to Attorney General of Kano State and the State Government, Mr A. G. Wakil, aligned himself with the position of Fatogun.
Also, counsel to the Commissioner of Police Kano and Inspector General of Police, Mr Sunday Ekwe, told the court that the duty of the police was to maintain peace in the state, adding that was why they did not file any response on jurisdiction issue.
Recall that the State House of Assembly had on May 23, dissolved all the four newly created Emirate councils in the state.
Governor Abba Kabir-Yusuf on that date, dethroned the 15th Emir of Kano, Aminu Ado-Bayero, and reappointed Muhammad Sanusi II, as the Emir of Kano, four years after he was dethroned by former Governor Abdullahi Ganduje.
