A Federal High Court sitting in Kano, on Friday, has reserved judgement on the enforcement of fundamental rights of the 15th deposed Emir of Kano, Aminu Ado-Bayero.
Ado-Bayero, through his counsel M L Yusufari SAN, filed a motion exparte dated May 27, seeking the court to restrain the respondents from arresting, intimidating or infringing on his rights.
The respondents are the Attorney General of the Federation, Attorney General Kano, Nigeria Police, Inspector General of Police, Commissioner of Police Kano, State Security Service, NSCDC, Nigeria Army, Nigerian Navy and Nigerian Airforce.
When the case came up for hearing, Counsel to the applicant, Michael Jonathan, SAN, said the court had jurisdiction to entertain the case because it was fundamental rights proceedings.
Jonathan filed an originating motion dated May 27, in support of an affidavit and a written address.
He urged the court to hear the fundamental rights suit in the interest of Justice for the peace of Kano.
He also urged the court to dismiss the respondent’s preliminary objection on grounds of abuse of court.
Counsel to Kano State Attorney-General, Mahmoud Abubakar-Magaji, SAN, filed a preliminary objection dated May 30 and filed May 31 on four grounds on Kano Emirate Council (Repeal) Law 2024 and fundamental rights.
He urged the court to dismiss and strike out the entire process particularly the originating summons of the applicant motion.
“It is a privilege being an emir not a right.
The applicant filed his application five days after he was dethroned as the Emir of Kano.
“My lord the purported right of the applicant does not exist. This court has no jurisdiction to entertain this case” Abubakar-Magaji said
Abubakar-Magaji also filed a motion on notice dated May 31, to set aside the exparte order it earlier granted restraining the respondents from arresting, intimidating or harassing the applicant.
Justice Simom Amobeda said that the court would communicate the date for judgment to the parties.
The court had on May 28, ordered the respondents to ensure all rights and privileges of the applicant be given to him in the interest of justice and maintenance of peace in Kano state.
The court also restrained the 3, 4 and 5th respondents and all other respondents from denying the applicant to use his official residence and palace at the Emir’s Palace, Kofar Kudu.
The State House of Assembly on May 23, dissolved all the four newly created Emirate councils in the state.
NAN
