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, Alhaji 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 right.
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 has jurisdiction to entertain the case because it was fundamental rights proceedings.
Jonathan filed an originating motion dated May 27, in support of 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 respondents’ 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 right.
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 retraining 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.
NAN reports that 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.
NAN reports that the State House of Assembly on May 23, dissolved all the four newly created Emirate council’s in the state.
