A federal high court in Kano has fixed June 13 to determine whether or not it has jurisdiction to hear the suit regarding the Kano emirates tussle between Lamido Sanusi and Aminu Bayero.
Muhammad Liman, the presiding judge, fixed the date on Thursday after listening to arguments from lawyers representing the parties in the case.
The suit filed by Aminu Babba Dan Agundi and Sarkin Dawaki Babba of the Kano Emirate seeks to restrain the respondents from enforcing, implementing, and operationalising the repealed law that reinstated Sanusi as Emir of Kano.
The respondents in the suit are the Kano state government, the Kano state house of assembly, the speaker of the state assembly, and the attorney-general of Kano.
Others are the Kano state commissioner of police, the inspector-general of police (IGP), the Nigeria Security and Civil Defence Corps (NSCDC), and the Department of State Services (DSS).
At the court session, M.S. Waziri, counsel to the applicants, told the court that he had filed a written address dated June 6.
“On the issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated 6th June and hereby adopt same and maintain that the court has jurisdiction to entertain the matter because the issue is of fundamental human rights,” Waziri said.
“The applicant, as a member of the Kano Emirate kingmakers, ought to have been involved in the reinstatement of the new emir. My lord, a breach of fundamental rights has no timeline. I urge the court to proceed with the case.”
Responding, Mahmoud Magaji, counsel for the first and fourth respondents, urged the court to decline the jurisdiction to entertain the matter.
“We filed a written address dated June 3 and filed June 6. In the constitution, only the Kano state house of assembly has the authority and power to make laws,” Magaji said.
“The applicant is neither a member of the house of assembly nor the commissioner for chieftaincy affairs. The applicant may not need to be consulted.”
Also, Ibrahim Wangida, counsel for the second and third respondents, aligned himself with the submission of Magaji.
“The 2019 Kano emirate council law, which gave power to the applicant at the time of filing his action, was abolished, so he ceased to be a kingmaker as of the time he filed the action because the governor had already accented to the law,” Wangida said.
Sunday Ekwe, counsel representing the fifth and sixth respondents, told the court that they did not file any response because the police have to maintain peace and wait to carry out the order of the court
