A Federal High Court in Kano on Thursday issued an ex-parte order preventing Governor Abba Yusuf from reinstating Emir Muhammadu Sanusi II.
The court also halted the implementation of a new law that abolished the four emirates of Bichi, Gaya, Karaye, and Rano.
The order, given by Justice Liman, directs all involved parties to maintain the status quo pending the determination of a suit filed by the Sarkin Dawaki Babba, Aminu Babba-Dan Agundi. The suit challenges the recent actions taken by the Kano State government.
The defendants in the suit include the Kano State government, the Kano State House of Assembly, the Speaker of the State Assembly, the Kano State Commissioner of Police, the Inspector General of Police, the Nigerian Security and Civil Defence Corps, and the Department of State Security.
“Parties are hereby ordered to maintain status quo ante the passage of and assent of the bill into law pending the hearing of the Fundamental Rights application,” Justice Liman stated.
The court’s decision comes on the same day Governor Yusuf announced Emir Sanusi’s re-appointment shortly after signing the Kano Emirate Council (Amended) bill into law. The signing ceremony was held at the government house in the presence of the Speaker of the Kano State House of Assembly, Hon. Ismaila Falgore, and other principal officers.
Governor Yusuf argued that the new law, which abolishes the emirates created by former Governor Abdullahi Umar Ganduje, would promote unity and socio-economic development in Kano.
“The return of Emir Sanusi will propel peace and prosperity and restore the lost glory of the state and its rich cultural heritage,” the governor said.
However, Justice Liman in his ruling emphasised the need to address the constitutional and jurisdictional issues raised by the suit.
He said, “In order to maintain the peace and security of the state, an Interim Injunction of this Honourable Court is granted restraining the Respondents from enforcing, executing, implementing, and operationalising the Kano State Emirate Law Council (Repeal) Law.”
“That parties are hereby ordered to maintain status quo ante the passage and assent of the bill pending the hearing of the Fundamental Rights application.”
The case has been adjourned to June 3, 2024, for the hearing of the Fundamental Rights application.
He said, “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”.
The court has directed that the Plaintiff/Applicant may serve their originating motion and other court processes on the Inspector General of Police (IGP) in Abuja, outside the jurisdiction of the court.
Governor Yusuf had given Aminu Ado Bayero and four other former first-class chiefs 48 hours to vacate their palaces and hand over all emirate properties to the deputy governor’s office. This directive is now in limbo due to the court’s intervention.
