A Kano Federal High Court has reserved date to deliver judgement on the fundamental human rights of the 15th Emir of Kano, Aminu Ado Bayero.
The presiding judge, Justice Simon Amobeda, reserved the date following a heated argument between counsels.
The applicant, Aminu Bayero had filed an exparte motion seeking the court to restrain the defendants from arresting or infringing on his rights.
The respondents in the suit are the Attorney General of the Federation, Kano State Attorney General, the Nigeria Police Force, the Inspector General of Police, Kano State Commissioner of Police, DSS, NSCDC, Nigerian Army, Nigerian Air force and Nigerian Navy.
When the case came up for hearing on Friday, counsel to the 2nd respondent, Mahmoud Magaji (SAN) told the court that he filed a preliminary objection dated May 30 and filed May 31 on four grounds bordering on his fundamental rights and the repealed law of Kano Emirate.
He said they filed a 21-paragraph counter-affidavit deposed by Abudullahi Garko and written address dated May 31 on point of law.
Magaji urged the court to dismiss the originating summon, adding that, “being an emir is a privilege, not a right. The applicant filed his application five days after he was removed. At the time of filing it, he is no longer an emir and if that was established, he has no rights. We submit that the purported right does not exist.
“The applicant has agreed that he was removed but without fair hearing. I urged your lordship to refuse to hear their application. I urge the court to discountenance the originating summon.”
Magaji also filed a motion on notice to set aside the exparte order earlier granted by the court restraining them from arresting, intimidating or harassing him.
Earlier counsel to the applicant, Michael Jonathan Numa (SAN) argued that the court has the jurisdiction to entertain the matter as it borders on the fundamental rights of the applicant.
He also filed an originating motion dated May 27 in support of an affidavit and a written address. He urged the court to accept the fundamental rights suit in the interest of justice for the peace of Kano and Nigeria.
At the beginning of the sitting, he informed the court of their decision to withdraw prayers one and two out of their prayers and urged the court to dismiss the preliminary objection of the respondents which he adjudged as unmerited.
The judge however said a date to deliver judgement would be communicated.
