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*Govt Insists On Sanusi As Emir, orders demolition of Bayero’s mini-palace
As the battle for the Kano Emirship title gains momentum, human rights lawyer Femi Falana has said the ruling of the Federal High Court appears to be “confusing and embarrassing."
Falana who spoke in an interview section on Arise TV said the Supreme Court had ruled that federal high courts do not have jurisdictions on chieftaincy matters.
Recall that on Thursday, the Federal High Court in Kano nullified the decisions taken by Kano Governor Abba Yusuf on May 23, 2024.
Muhammed Liman, the presiding judge, held that the defendants were aware of an interim order previously granted by the court but ignored it and implemented the Kano Emirates Council Law 2024.
The judge, however, ruled that his order did not affect the validity of the Emirate Law passed by the state House of Assembly.
On May 23, Kano governor had announced the reinstatement of Muhammadu Sanusi as Emir of Kano.
The governor also ordered the dethronement of Aminu Bayero as Emir of Kano.
Kano State government had on Friday insisted that the 16th Emir of Kano, Muhammadu Sanusi II, remained the Emir despite the court's ruling.
The government also ordered the state Commissioner of Police to remove the 15th Emir of Kano, Aminu Ado Bayero, from the Gidan Nassarawa mini-palace for demolition of building.
The statement of the government read: “On 20th June, 2024, the Federal High Court No. 1, Kano, had passed its ruling in respect of the case before it.
“I have the honour, on behalf of His Excellency, Gov. Abba K. Yusuf and the Kano State Government, to address you once again over the lingering litigation arising from the abolishing of the five (5) emirates and deposition of the former emirs (including the deposed emir of eight metropolitan local governments).
“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 Kano State House of Assembly and assented to by the Governor of Kano State on Thursday 23rd May, 2024 by 5:10pm.
“This part of the judgement 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."
But Falana during the interview said the Supreme Court had issued two separate judgments limiting the powers of the federal court on traditional institutions.
The human rights lawyer said judgments of the Supreme Court are binding on all authorities in the country.
Falana said the apex court had ruled that being a chief is not a fundamental right and issues of chieftaincy should not be entertained by a federal high court, adding that, “The order is a bit confusing.
“But what is important, which the learned judge did not address in his ruling, is the convenient way in which two solid judgments of the Supreme Court on the limitation of the power of the federal high courts to interfere in the affairs of traditional institutions.
“It cannot be done via fundamental rights application. I listened to him, his lordship was talking about the need to respect the rule of law.
“In any country that loudly claims to pronounce and operate under the rule of law, the judgments of the Supreme Court are binding on all authorities.
“It is a mockery of the rule of law, if the high court judge decides to ignore or overrule the judgments of the Supreme Court on the Emirship Tussle in Kano State.”
