A Federal High Court in Kano, presided over by Justice Simon Amobeda, has reserved judgment in the fundamental human rights suit filed by the dethroned 15th Emir of Kano, Aminu Ado Bayero. The decision followed a heated argument between the prosecution counsel and the defense counsel during Friday’s hearing.
Counsel for the second respondent, Mahmood Magaji, informed the court that he had filed a preliminary objection on May 30th, which was subsequently filed on May 31st. This objection, built on four grounds, centers around the fundamental rights of the dethroned Emir and the recently repealed Kano Emirate law. Magaji stated,
“We filed our 21-paragraph counter affidavit deposed by Abdullahi Garko and a written address dated May 31st on point of law.” He urged the court to dismiss and strike out the originating summons, arguing that being an Emir is a privilege, not a right.
Magaji pointed out that the applicant had filed his case five days after his removal from the throne. “At the time of filing, he was no longer an Emir,” Magaji noted. He further argued that the applicant had acknowledged his removal but claimed it was done without a fair hearing.
“I urge your lordship to refuse their application and discountenance the originating summons,” he said. Additionally, Magaji filed a motion to set aside the ex parte order previously granted by the court, which restrained the authorities from arresting the dethroned Emir.
On the other hand, the applicant’s counsel, Michael Numa, SAN, argued that the court had jurisdiction to entertain the matter as it involved the fundamental rights of the applicant. Numa prayed the court to accept the fundamental rights suit in the interest of justice and peace within the state. He emphasized the importance of addressing the alleged violations of the former Emir’s rights to ensure fairness and uphold the rule of law.
This legal battle unfolds against the backdrop of the Kano State government’s recent decision to abolish the five Emirates within the state. This move led to the dethronement of Aminu Ado Bayero and four other first-class Emirs, following the repeal of the Kano Emirate Law. The government’s decision has sparked significant controversy and debate, further complicating the legal proceedings.
Justice Amobeda, after hearing arguments from both sides, reserved judgment for a later date. This decision leaves the public and the parties involved in anticipation as they await the court’s final ruling on this high-profile case. The outcome will not only determine the fate of the dethroned Emir but also set a precedent regarding the interpretation and application of fundamental human rights in such matters.
As the legal process continues, it brings to light the ongoing tension between traditional institutions and modern state governance. The case of Aminu Ado Bayero is a significant example of the challenges faced when historical privileges and contemporary legal frameworks collide. The reserved judgment by Justice Amobeda will be crucial in navigating these complex issues and ensuring justice is served.
