A Federal High Court in Kano has set June 13, 2024, to rule on whether it has jurisdiction to hear the case on the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano by the state government.
Aminu Babba Danagundi, one of the deposed Kano emirate elders, has taken the Kano State government before the Federal High Court, seeking the imposition of his fundamental human rights, which he alleged the state violated when it removed him without his consent or attention from his position as Sarkin Dawaki Babba.
On resumption of hearing in the case, the issue of whether the state can reinstate a law that had earlier been repealed after repealing a new law was created would be settled.
The defence counsel argued heavily on the question of jurisdiction concerning the law that removed Aminu Bayero as the 14th Emir of Kano.
Barrister M. A. Waziri, counsel to the plaintiff, Aminu DanAgundi, the deposed Sarkin Dawaki Babba, argued that the court has complete jurisdiction to hear the case as enshrined in the relevant sections of the law protecting the fundamental human rights.
He further argued that his client was not given a fair hearing before he was removed; as such, his fundamental rights was abused, and the whole process that brought the reinstated Emir Sanusi II was faulty and null and void.
On their side, Sanusi II’s counsel, Barrister Mahmud A. Magaji, urged the court to decline any temptation to accept the plaintiff’s narrative that it has jurisdiction to continue with the case.
He argued that it is indisputable that the State House of Assembly has powers to amend, repeal, or even create a law that suits the state.
He said the House of Assembly should not consult the plaintiff when making or repealing a law on the Emirate, title holders, and chieftaincy affairs because the whole issue rests with Kano State and nothing more.
Magaji reminded the plaintiff that his submission was controversial. He said the 2024 Repealed Law that brought about the reinstatement of Emir Muhammadu Sanusi II should be discarded, while the 2019 repealed Emirates Council Law that saw the installation of the deposed Emir Aminu Bayero should remain.
“This is controversial because you are saying the same House of Assembly that created that law has no power now,” he said.
