The Federal High Court in Kano is set to deliver a judgment in the case brought by deposed former Emir, Aminu Ado Bayero, who alleges that his fundamental human rights were violated by his removal without consent and the subsequent attempt to arrest him by the Kano State Government.
In response to Bayero’s motion to protect his fundamental human rights, the court ordered the eviction of reinstated Emir Muhammadu Sanusi II from Kofar Kudu Palace. This order was issued after a motion filed by Bayero’s counsel two weeks prior.
During the resumed hearing on Friday, Judge S. A. Amobeda indicated that he would expedite the proceedings to deliver a timely judgment. He emphasized the importance of addressing preliminary objections first, stating, “The Court is known for starting with preliminary objections before taking any other issues. The Court is that of equity and justice, no need for interruptions in the submission of learned Counsels.”
Judge Amobeda, who issued an ex parte order on Tuesday, highlighted that the order was made to ensure justice and maintain peace in Kano State. The court issued an interim injunction preventing the respondents from arresting or harassing Bayero, and from infringing on his rights until the case is resolved.
The court’s order included, “An order restraining the 3rd, 4th, and 5th Respondents and all other Respondents from denying the applicant the use of his official residence and palace at the Emir’s Palace, Kofar Kudu, as well as the enjoyment of all rights and privileges accrued to him by virtue of being Emir of Kano State, and to evict anything or anybody residing within the palace illegally pending the hearing and the determination of the originating summons.”
In response, counsel for Emir Muhammadu Sanusi II, Muhmud Magaji, SAN, presented preliminary objections, arguing that the case falls outside the court’s jurisdiction and that Bayero’s application is an abuse of court processes. Magaji contended that being an Emir is a privilege, not a right, and Bayero had no grounds for his claim as he was deposed before filing the application.
Magaji stated, “As of the time of filing his application, he was no longer an Emir, which means he has no right ordinarily to be entertained by the Court. Sum it that the purported right does not exist and again he does not know whether the applicant is a member of Kano State House of Assembly to be denied a fair hearing, in a process in which he is not an ingredient.”
Plaintiff’s counsel, M. J. Newman, representing the applicants and claimants, clarified that they were not seeking Bayero’s reinstatement but rather the protection of his fundamental human rights. He withdrew certain prayers from the motion due to recent developments and urged the court to disregard the respondent’s objections and grant all remaining prayers.
Newman stated, “I also urge the court to discontent the objections of the Respondent and to adjudge the motion for discontentment of the case as an abuse of the process which shall be punished because it is an affront to the jurisdiction of the court.”
Despite these arguments, Magaji maintained that without the initial reliefs, Bayero has no right to remain in government quarters. The court is now expected to deliver its judgment on the matter.
