June 17, 2024

A Federal High Court sitting in Kano has fixed June 13 for ruling on the issue of jurisdiction in the case of Kano emirate tussle.

The Court, presided over by Justice Abdullahi Muhammad Liman, adjourned the sitting following a heated argument between counsel.

Daily Trust reported that the applicant, Aminu Babba Dan Agundi, Sarkin Dawaki Babba of the Kano Emirate, had approached the court, asking it to restrain the respondents from enforcing, implementing and operationalizing the repealed law.

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.

At the resumed hearing on Thursday, counsel for the applicant, M.S Waziri, told the court that they 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.

“The applicant as a member of Kano emirate Kingmakers ought 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 for 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 had gone through legislative processes 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,” he said.

On his part, counsel for the second and third respondents, Ibrahim Isah Wangida aligned himself with the submission of the first and second respondents, arguing that the applicant cannot claim his right was breached as the 2024 law was repealed and accented to before the applicant filed action.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 siezed 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 for the fifth and sixth respondents, Sunday Ekwe, told the court that they did not file any issue bordering on jurisdiction because the duty of the police is to maintain peace and wait to carry out order of the court.

The judge adjourned the case to June 13 for ruling on jurisdiction.

 

Daily Trust

 

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