A Federal High Court in Kano has ordered the state government not to enforce the Emirate Council Repeal Law 2024, which reinstated the former Emir of Kano, Mohammadi Lamido Sanusi to the throne he lost four years ago.
The interim court order came on Thursday, May 23,2024, hours after Kano State House of Assembly passed the amended bill. Hours after on the same date, Governor Abba Yusuf signed into law.
The law repealed the 2019 version which balkanised the Kano emirate into five jurisdictions, and which was relied upon to dethrone Muhammadu Sanusi as Emir in 2020. Sanusi was reinstated as Emir of Kano on Thursday by kingmakers and the governor, following the repeal of the 2019 legislation.
Ruling in a suit filed by Aminu Babba Dan Agundi, the Sarkin Dawaki Babba of the Kano Emirate, the trial judge, Justice Mohammed Liman asked the defendants to “suspend” and “not give effect to the Kano State Emirate Council (Repeal) Law, 2024 as they affect all offices and institutions of the Emirate Council created pursuant to the provisions of the Kano State Emirate Council Law, 2019”.
The plaintiffs listed Kano State Government, Kano State House of Assembly, the Speaker of the House of Assembly, Attorney-General of Kano, Commissioner of Police, Inspector -General of police (IGP), Nigeria Security and Civil Defence Corps (NSCDC) and the Department of State Services (DSS) as defendants.
The court also ordered that all processes be served on the IGP in Abuja.
“That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into law pending the hearing of the fundamental rights application,” the judge ruled.
“That in view of the constitutional and jurisdictional issues apparent on the face of the application, parties shall address the court on same at the hearing of the fundamental rights application which is fixed for the 3rd of June, 2024The suit listed the Kano state government, Kano state house of assembly, the speaker of the house of assembly, attorney-general of Kano, commissioner of police, inspector-general of police (IGP), Nigeria Security and Civil Defence Corps (NSCDC) and the Department of State Services (DSS) as defendants.
The court also ordered that all processes be served on the IGP in Abuja.
The court stated:
“That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into law pending the hearing of the fundamental rights application,” the judge ruled.
“That in view of the constitutional and jurisdictional issues apparent on the face of the application, parties shall address the court on same at the hearing of the fundamental rights application which is fixed for the 3rd of June, 2024;
That in order to maintain the peace and security of the state, an interim injunction of this Honourable Court is granted restraining the fifth to eight respondents (CP, IGP, NSCDC and DSS) from enforcing, executing, implementing and operationalising the Kano State Emirate Council (Repeal) Law.
“That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into law pending the hearing of the Fundamental Rights application.
“That this case is adjourned to the 3rd day of June 2024, for hearing of the fundamental rights application.”
Sanusi was dethroned after falling out with Abdullahi Ganduje, governor of Kano in 2020. Ganduje’s All Progressives Congress (APC) lost the 2023 governorship poll in Kano to the New Nigeria People’s Party (NNPP), paving the way for the intrigues and brinkmanship that culminated in Sanusi’s return to the throne.
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