A ruling by the Federal High Court in Kano sank the emirate into more turmoil yesterday.
Justice Mohammed Liman nullified the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
While the judge did not invalidate the Kano Emirate Council (Repeal) Law, he held that actions taken so far on its basis were null and void due to the state government’s failure to maintain the status quo as he ordered.
But, the state government swiftly interpreted the order to be in its favour.
It asked the police to evict the deposed Emir, Ado Bayero, from the Nasarawa palace, which it said will be demolished for renovation.
The state government insisted that Sanusi remained the Emir because it received the order for status quo on May 27, having reinstated Sanusi on May 23.
Justice Liman had granted a virtual order on May 23 restraining the state government from enforcing the Emirate Law that reinstated Sanusi.
Yesterday, the judge slammed the state government for defying the order.
Justice Liman noted that Governor Abba Yusuf was aware of the order.
The governor, on May 23, abolished the four new emirates: Bichi, Karaye, Rano and Gaya which were created by the immediate-past administration of Abdullahi Ganduje, following the passage of a repeal law by the House of Assembly.
Yusuf deposed Bayero and four other first-class emirs and reinstated Sanusi, a former Central Bank of Nigeria (CBN) governor, as the 16th Emir of Kano.
The action returned Kano to a single emirate.
Following Bayero’s removal, a kingmaker, Aminu Babba Danagundi, the Sarkin Dawaki Babba, challenged the law and obtained the order against its enforcement.
Yesterday, Justice Liman agreed with the applicant and set aside actions taken based on the law.
He held that the defendants were aware of the interim order but chose to ignore it by implementing the law.
Justice Liman ruled: “I hereby order that every step taken by the government is hereby nullified and becomes null and invalid.
“This does not affect the validity of the repealed Emirates Law but actions taken by the governor, which include assenting to the law and the reappointment of Sanusi.
“I have listened to an audio recording of the governor, both in Hausa and English, after assenting to the law.
“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 hereby sets aside all actions taken in violation of the order.
“It is a very serious matter for anyone to flout the orders of the court.”
The judge added that the “catastrophic situation could have been averted if the respondents followed due processes by complying with the court order”.
He noted that the respondents – Kano State Government, the state Assembly, the House of Assembly Speaker, the state Attorney-General, the Commissioner of Police, Inspector-General of Police, Nigeria Security and Civil Defence Corps (NSCDC) and the State Security Service (SSS) – decided to act according to their “whims and caprices”.
Meanwhile, the Attorney-General and Commissioner of Justice, Haruna Dederi, who represented Yusuf, said the court, by yesterday’s ruling, reaffirmed the validity of the law passed by the House of Assembly and assented to by the governor.
He directed the police to immediately evict Bayero from the Nasarawa palace.
Dederi said the government intends to demolish dilapidated parts of the palace for renovation.
He said at a briefing: “Today (yesterday), the Federal High Court No. 1, Kano passed its ruling in respect of the case before it.
“I have the honour, on behalf of Governor Yusuf and the Kano State Government, to address you once again over the lingering litigation arising from the abolishing of the five emirates and deposition of the former emirs.
“The Kano State Government acknowledges the ruling by the Federal High Court regarding the Kano Emirates Council (Repeal) Law, 2024 and views same as upholding the rule of law.
“By the ruling of the court, it has unequivocally reaffirmed the validity of the law passed by the Kano State House of Assembly and assented to by the Executive Governor of Kano State on Thursday 23rd May 2024 by 5.10 pm.
“This part of the judgment is very fundamental to the entire matter.
“Further implication of the ruling is that all actions done by the government before the emergence of the interim order of the honourable court are equally validated.
“This means that the abolishing of the five emirates created in 2019 is validated and the deposition of the five emirs is also sustained by the Federal High Court.
“By implication, this means that Muhammadu Sanusi II remains the Emir of Kano.
“The judge also granted our application for the stay of proceedings until the Court of Appeal deals with the appeal before it on jurisdiction.
“Happily, the signing of the law and the reinstatement of His Highness, Emir Muhammad Sanusi II were done on 23rd May 2024 before the emergence of the interim order which was served on us on Monday 27th May 2024.
“Following this court’s ruling, the Kano State Government has directed the State Commissioner of Police to remove the deposed Emir of the 8 metropolitan local governments from the government property where he is trespassing, as the government has already concluded arrangements for the general reconstruction and renovation of the property, including the demolishing and reconstruction of the dilapidated wall fence with immediate effect.
“I want to congratulate and call on the good people of Kano State to remain peaceful and celebrate the success of the people without any hitch.
“May Allah SWT continue to protect our state and our government.”
END.