A Federal High Court sitting in Kano has fixed June 13 for ruling on whether it has jurisdiction to entertain the case of Kano emirate tussle.
At the resumed hearing on Thursday, counsel to the applicant, M.S Waziri told the court that they have filed a written address dated June 6.
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He explained that on the issue of jurisdiction, in compliance with the order of the court, they 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 and so long that it has issue of fundamental human rights.
“The applicant as a member of Kano emirate Kingmakers oath to have been involved in the reinstatement of the new emir.
“My lord, breach of fundamental rights has no timeline. I urge the court to proceed with the case.”
Responding, counsel to the first and fourth respondents, Mahmoud Abubakar Magaji SAN urged the court to decline the jurisdiction to entertain the matter.
He argued that the law has gone through legislative processes, first, second and third and the order came only after the action was done and his client was only served on a Monday of the following week.
He therefore urged the court to decline to entertain the matter on the issue of jurisdiction.
“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 law.
“The applicant is neither a member of the House of Assembly or the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted.”
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On his part, counsel to the second and third respondents, Ibrahim Isah Wangida aligned himself with the submission of the first and fourth respondents arguing that the applicant cannot claim his rights was breached as the 2024 law was repealed and accented to before the applicant filed action.
“The 2019 Kano emirate council law which gave the power to the applicant at the time of filing his action was abolished so he seized to be a kingmaker as of the time he filed the action because the governor has already accented to the law.”
On their part, counsel to the fifth and sixth respondents, Sunday Ekwe told the court that they did not file any issue bothering on jurisdiction because the duty of the police is to maintain peace and wait to carry out order of the Court.
The Court presided over by Justice Abdullahi Muhammad Liman, adjourned the sitting following a heated argument between counsels.
It could be recalled that Alhaji Aminu Babba Dan Agundi, Sarkin Dawaki Babba of the Kano Emirate had approached the Court seeking his fundamental human rights and that the court should restrain the respondents from enforcing, implementing and operationalizing the repealed law.
The repeal law paved the way for the re-appointment of Emir Muhammadu Sanusi II as the 16th Emir of Kano by Governor Abba Kabir Yusuf.
Justice Liman had earlier issued an order stopping the Kano State Government from enforcing the Kano State Emirate Council Repeal Law 2024, but the government defied the order by implementing the law.
The current crisis in the Kano Emirate began two weeks ago with the dethronement of the 15th Emir of Kano, Aminu Ado Bayero and four other first-class Emirs of Rano, Gaya, Bichi, and Karaye.
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Bayero’s dethronement and the reinstatement of Sanusi as Emir followed the repeal of the law that had been used by former Kano State Governor Abdullahi Ganduje to depose and exile Sanusi in 2020.
The respondents in the suit are Kano State Government, Kano State House of Assembly, Speaker, Kano State House of Assembly, Attorney General of Kano State, Kano Commissioner of Police, IGP, NSCDC and DSS.
