By Dare Balogun, 20th June, 2024
News SOCIETY WATCH following for you: A Federal High Court in Kano has set aside all steps taken by Kano state government to repeal the Kano Emirates Council Law
A Federal High Court in Kano has set aside all steps taken by Kano state government to repeal the Kano Emirates Council Law.
The Kano House of Assembly had repealed the law after which Governor Abba Kabir Yusuf implemented it by dethroning Alhaji Aminu Ado Bayero as Emir of Kano
The governor also reversed the creation of four emirates, Bichi, Rano Karaye and Gaya, and sacked the Emirs appointed by his predecessor, Dr. Abdullahi Umar Ganduje.
The law was also relied upon to re-appoint the 14th Emir of Kano, Muhammadu Sanusi II, who was dethroned by Ganduje in 2020, as the 16th Emir of Kano.
But a kingmaker in the former Kano emirate, Aminu Babba Danagundi, the Sarkin Dawaki Babba, challenged the propriety of the law and asked the court, through his counsel, Chikaosolu Ojukwu (SAN), to declare it null and void.
Ruling on a motion seeking declaration of the repealed law null and void as moved by Chikaosolu Ojukwu, SAN, counsel to Danagundi, the judge held that the Kano State government and the attorney general were aware of its restraining order granted virtually on May 23, 2024, but decided to believe that “the order was made abroad.”
The judge held that if court orders are allowed to be disobeyed, anarchy would set in, averring that contempt of court in all ramification is anti-democracy.
I hereby order that any steps taken by the defendants to implement the law is set aside.
“I have listened to the audio of the governor both in Hausa and English after assenting to the law, and I am convinced that the respondents are aware of the order of maintaining status quo pending the hearing and determination of the motions on notice in the court.
“Having been satisfied that the respondents are aware of the court order, the court, in the exercise of its powers, set aside an action because it is in violation of the court’s order, I think it is a very serious matter for anyone to flout the orders of the court and go scot free with it.”
The judge held that he would assume his coercive powers to enforce compliance with his order.
“Having been satisfied that the defendants have become aware of the order but went ahead to implement the law, it is necessary for the court to assume its coercive powers to enforce compliance with its orders.”
However, the judge transferred the case to Justice Simon Amobeda for continuation in view of his elevation to the Court of Appeal.
Danagundi told journalists after the ruling that he had been vindicated that due process was not followed in the deposition of emirs and the reinstatement of Sanusi.
