The Federal High Court judgement issued on Thursday over the repeal of the 2019 Emirate Council law and the removal from office of five emirs in the state has continued to generate controversy widening the rift between the state governor, Abba Kabir Yusuf and the Commissioner of Police in Kano, AIG Usaini Gumel.
AIG Gumel has spurned Governor Abba Yusuf’s directive to the State’s Police Command to evict the deposed Emir of Kano, Alhaji Aminu Ado Bayero, from the mini palace in Nasarawa part of the metropolis where he currently resides.
The governor’s order, conveyed through the State’s Attorney General and Commissioner of Justice, Haruna Dederi, was issued on Thursday night.
This is just as the Certified True Copy, CTC, of the judgement of the Federal High Court sitting in Kano, has confirmed the sacked of the re-intested Emir of Kano, Alhaji Muhammadu Sanusi.
Since the judgement was delivered by Justice Muhammadu Liman, Thursday, the two parties involved have been claiming victory, however, a copy of the CTC made available to news men in Abuja, shows that the reintestment of Emir Sanusi was nullified by the court.
For about a month now, there has been crisis over the amendment of the Emirates law In Kano by the State House of Assembly, which as a result affected the intsallation of Emir Ado Bayero as Emir of Kano, by the administration of former governor Abdullah Ganduje, after the deposition of Sanusi as Emir of Kano.
In the ruling of the court, it held that the earlier order made directing parties to maintain status quo still stands.
In suit number No. FHC/KN/CS/ 1382/2024, the plaintiff, Alhaji! Aminu Babba Dangundi had dragged the Kano state government, Kano State House of Assembly, the Speaker, Kano State House of Assembly, Attorney-General of Kano State, Commissioner of Police, Kano State, Inspector General of Police, Nigeria Security and Civil Defence Corps and Department of State Security to court.
The plaintiff prayed for an order declaring null and void, the conduct of the 2nd and 3rd Defendants in passing into law, the Kano State Emirate Council (Repeal) Law, 2024 in violation of the order of this Honourable Court.
He also prayed the court for an order declaring null and void the appointment of Maliam Sanusi Lamido Sanusl as the 16th Emir of Kano State Emirate by the 1st and 4th Defendants pursuant to the provisions of the 23rd Kano State Emirate Council (Repeal) Law, 2024 in contravention of the order of this court made on the 23rd day of May, 2024.
After listening to counsel in the matter, Justice Lima held, “That every step taken by the Defendants in pursuance to the KANO STATE EMIRATE COUNCIL (Repeal) LAW, 2024 are hereby annulled and set aside.
“That however, this order does not affect the validity of the KANO STATE EMIRATE COUNCIL (Repeal) LAW, 2024 which is the subject matter of the substantive sult.
“That the eariler order directing parties to maintain status quo ente still stands.”
Some senior lawyers in the country who spoke to LEADERSHIP Weekend had called on all parties to ensure the decision of the court is respected.
They told our correspondent that the court remains the final arbiter in any disputed matter.
A Senior Advocate of Nigeria, Mr Abdul Balogun, said until an higher court sets aside the judgement, it remains the position of the court on the issue. “It can’t be changed for now”, he said.
According to him, “The decision of court must be respected until it is set aside. As it is, it remains the position of the court on the matter as the final arbiter in a dispute.
“ With the judgement of the court on the emirate tussle, rhe only option left for any party that is aggrieved with the judgment is to approach a higher court to have it set aside. “
Another lawyer, Barrister Ohi Eyare, a constitutional lawyer, said the state cannot be thrown into anachy, urging parties in the disputed traditional stool to ensure that rule of law prevails.
According to him, no one, including politicians who have now politicized traditional institution is bigger than the law.
“The law must be respected at all times. Just as the court has ordered, the re-instated Emir must vacate the palace pending when another higher court set the judgement aside.
“Kano is a big state amd not just that, it’s volatile too and should not be thrown into a state of confusion. Law enforcement agencies must ensure that there is no breakdown of! Law amd order. The judgment of the court on the matter should be respected until it is set aside”, he said.
Barrister Damian Ifeanacha, also called on aggrieved partiea in the dispute to call their supporters to order.
According to him, camps are already divided and with the judgement, the division will be more amd that is why warring factions should call their supporters to order.
“It is dangerous to allow anarchy in Kano because it does not always end well. Only one option is left for the party that lost, to appeal the judgement amd mot resort to self help.”
Police Defy Kano Gov’s Order
In a telephone interview, AIG Gumel explained that complying with the eviction order would be premature, as the government itself had filed a case at the State High Court regarding the matter and the hearing was scheduled for Monday, June 24, 2024. He emphasised that executing the eviction order would be like “jumping the gun,” as the outcome of the court case was still pending.
“The police will not evict Aminu Ado Bayero because the same government has filed a case at the State High Court on the eviction order, which would come up on Monday, 24th June 2024. So, if we carry out the order, it is like we are pre-empting the court because we don’t know what will happen at the court,” Gumel stated.
Security has been heightened around the Nasarawa mini palace, with additional personnel deployed to the area. All major routes leading to the palace have been blocked by security personnel. Despite the governor’s directive, Bayero remains in the mini palace, in company of his guards and supporters.
The refusal of the police to evict Bayero has heightened tensions in Kano State, as the power tussle over the Kano throne between the State government and the deposed emir continues to unfold.
This is the second time the State Police will disobey the governor’s directive. Recall that about four weeks, Governor Yusuf had ordered the Police to arrest Bayero for daring to enter Kano city despite his dethronement, but the Police Command ignored the order.
The development has prompted the Kano State government to accuse the Police of taking sides and taking orders from powers-that-be outside the State instead of the elected governor of the State, who is the chief security officer of the State.
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