Against the subsisting verdict of the Court of Appeal on the controversial claim of Kano emirship, the Sarki Dawakin Babba of Kano, Alh. Aminu Babba Dan’Agundi on Sunday rejected the submission that void ruling of the Federal High Court, Kano.
Dan’Agundi, a Kingmaker and senior traditional council member in the emirate expressed dissatisfaction on the appellate Court Judgment which recognized the appointment of Muhammadu Sanusi II as emir, decided to proceed to Supreme Court to challenge the ruling at the lower jurisdiction.
The Kingmaker who earlier instituted a fundamental rights enforcement against the appointment of Sanusi at the Federal High Court, insisted Aminu Ado Bayero remains the emir of Kano.
The then Justice Abdullahi Liman, now Justice of the Appeal court in 2023 upheld the relief of Dan’Agundi and ordered a maintenance of status quo against the appointment of Sanusi, after nullifying the issuance of his appointment letter by Governor Abba Kabir Yusuf.
The three member panel of the Appeal court however on Thursday void the ruling of Justice Abdullahi Liman for overstretch of jurisdiction. In an appeal case filed by Kano state government, the appellate Court insisted the Federal High Court has no jurisdiction to dabble into chieftancy matters which ought to be reserved before the state high Court.
Addressing Journalists on Sunday, Dan’Agundi asked Sanusi and Kano state government to refrain from celebrating the Appeal Court verdict, stressed that “nobody has the right to take any action against Bayero who he claimed remain the emir, until the determination of his appeal at the Supreme Court.
Dan’Agundi who has been fronting and challenging the process of removal Bayero also vowed to restrict any attempt to evicting Bayero from Nassarawa mini palace.
“You are all aware that what the Federal high court did, when we went to prove that our fundamental rights have been breached in the appointment of Sanusi.
The judge in his own wisdom believe he has the jurisdiction to address that issue.
” In his ruling, I’m still recapitulating my memory. He said all the judgments, all the citations that they are referring and the issue of jurisdiction of the federal high courts, they are referring to the case of Sarkim Muli in which the Supreme Court decided that any issue relating to chieftaincy issues, you have to go back to the state high courts.
“But our own issue and the issue of Sarkim Muli is different. But since the Court of Appeal decided that the Federal high court does not have the jurisdiction to entertain that case, there is nothing we can do than to appeal against their own judgment. I have already instructed my lawyers since Friday to get the true copy of that judgment.
“And as you know, for any decision or judgment of a lower court or the Court of Appeal, once you appeal against that judgment, you stay in the Supreme Court until the final determination of the suit before the Supreme Court. I have said it that I’m not satisfied with that decision of the Court of Appeal. So whatever the Supreme Court does, that’s will be the final issue”.
Meanwhile, Emir Sanusi has urged residents to remain calm and resist any temptation that could provoke unrest in the ancient city. Sanusi made the appeal Friday evening while reacting to the verdict of the Court of Appeal.
Sanusi said the unfolding development was a testament to the will of God that beyond the reasoning of any human being, saying those fueling the legal battle are aware that it was a lost case.
He however maintained that the battle on the throne of emir is not his but that of the decision of God who need know helper to defeat any opponent. The former Governor, Central Bank of Nigeria (CBN) there urged residents to intensify prayers and driven intervention for peace to reign in Kano.
He said, “As you all know, the Appeal Court has confirmed today that the State High Court has no jurisdiction over emirate issues. This judgment was expected, and those who initiated the case in court knew this all along.
“Even the judge who issued the initial order was aware of the limits of his jurisdiction. Those who influenced him to make that decision also knew the truth. However, for the past eight months, their aim has been to promote selfish interests and instigate unrest in this part of the country.
“To those who wish harm upon Kano or its peace, may they face the consequences of their own wishes. They may attempt to provoke violence, but let us not respond to their actions. Let us not engage them in any way. Whoever questions God’s judgment will ultimately face the consequences of doing so”. Sanusi said.
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