KANO COURT ISSUES RESTRAINING ORDER ON BAYERO, FOUR OTHERS FROM PARADING AS EMIRS
A perpetual restraining order prohibiting the Emir of Kano, Aminu Ado-Bayero, and the other four emirs of Rano, Gaya, Bichi, and Karaye from displaying their emiralty has been issued by the Kano State High Court.
The Kano State Attorney General, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly filed a lawsuit in an attempt to put Aminu Ado-Bayero and the other four deposed emirs under house arrest. The motion ex parte was submitted on May 27 by Ibrahim Isah-Wangida, Esq., their attorney.
Justice Amina Adamu-Aliyu upheld the legislative authority of the Kano State House of Assembly in her ruling.
“The Kano State House of Assembly has the power to amend and propose a bill for the peace and good governance of the state pursuant to section 4 rule 6,7(b) of the 1999 Constitution as amended,” she stated.
Justice Adamu-Aliyu emphasized the authority of the state governor to assent to such bills, thereby making them law after passage by the assembly.
“The Kano State Governor has the right to assent to the proposed bill into law after being passed by the state assembly,” Justice Amina said.
The Kano State Emirate Council’s movable and immovable possessions must be turned over to the state government, and Emir Ado-Bayero and the other four emirs were ordered by the court to desist from acting as emirs.
Judge Amina criticized the actions of the police and other security authorities in the case in her verdict.
She stated, “The act of the 6th to 9th respondents for smuggling the first respondent to Kano after the enactment of the Emirate Repeal Law 2024 shows a disregard for what they have sworn to protect – the protection of life and property.”
Counsel for the applicants, Ibrahim Isa-Wangida, urged the court to reject the respondents’ affidavit of facts.
“We ask the court to discountenance the respondents’ affidavit of facts pursuant to order 39 rule 1 and 2 of the Court,” he argued.
Meanwhile, counsel to Emir Ado-Bayero, Abdul Muhammed (SAN), informed the court of their intention to appeal the decision.
“We have an affidavit of fact dated July 3, 2024, attached with a notice of appeal and a motion for stay of proceedings,” he stated, urging the court to stay proceedings pending the appeal.
Counsel to the 3rd, 4th, and 5th respondents, Hassan Tanko-Kyaure, argued against the repeal law, citing procedural lapses.
“Due process was not followed in enacting the Kano State Emirates Council (Repeal) law 2024,” he contended, urging the court to dismiss the applicant’s application with a cost of N1 billion.
The ruling has significant implications for the traditional leadership structure in Kano State, setting a precedent for the enforcement of legislative and executive actions in the governance of emirates.