Kano state government has challenged the Jurisdiction of Federal high court to entertain matters bordering around Kano emirate council and chieftancy matters residual mainly within purview of state high court.
Besides, the government queried locu of the plaintiff to challenge the constitutional responsibility of Kano state House of assembly and powers reserved of the executive governor of the state.
The Federal High Court had granted an exparte application brought by one Aminu Babban Dan-Agundi, stopping the enforcement of the new State Emirate Council (Repeal) Law 2024.
The new law passed by the state legislature and assented by Governor Abba Kabir Yusuf repealed the 2019 Emirate Council law as amended thereby abolished the creation of four emirates (Gaya, Rano, Karaye and Bichi) established under Abdullahi Umar Ganduje led administration.
By implication, the repealed law dethroned the five first class chiefs, including the 15th Emir, Aminu Ado Bayero and four others. Upon the official pronouncement of their deposition, Governor Yusuf subsequently declared the reinstall of 14th emir of Kano Muhammadu Sanusi II as 16th emir of Kano.
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Apparently dissatisfied with the development, Dan’Agundi instituted legal action against state government, state assembly, Attorney General and commissioner of police and others to upturn the action.
The applicant, who is the traditional title holder of Sarkin Dawaki Babba of Kano emirate approached the court for enforcement of fundamental human rights claimed to have violated by government action.
When the matter came up for hearing on Thursday, counsel to the applicant, M. S Waziri told the court that he filed a written address dated June 6th, 2024 to challenged the implementation of the new law.
The applicant through his lawyer insisted his right as member of Kingmakers was trampled upon by the action of government on removal of Bayero and reinstatement of Sanusi without being consulted.
In a counter argument, counsel to the 1st and 4th respondents, Mahmoud Abubakar Magaji SAN urged the court to decline jurisdiction on the matter.
The Senior lawyer maintained that the law has gone through legislative processes, first, second and third reading and the order came only after the action was done and his client was only served on a Monday of the following week.
“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.” AB Mahmoud told journalists.
On his part, counsel to the 2nd and 3rd respondents, Ibrahim Isah Wangida aligned himself with the submission of the 1st and 4th 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 ceased to be a kingmaker as of the time he filed the action because the governor has already accented to the law.”
The presiding Judge, Justice A M Liman therefore adjourned the matter to 13th June, 2024 for ruling on jurisdiction.
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