Justice Anwuli Chikere of the Federal High Court sitting in Abuja on Friday ordered the release of the deposed Emir of Kano, Alhaji Sanusi Lamido Sanusi II from detention/confinement in Awe, a Local Government Area of Nasarawa State.
The ruling of the court followed an exparte motion brought and argued by Sanusi’s lead counsel, Prince Lateef Fagbemi (SAN).
Justice Chikere, however, banned Sanusi from entering Kano State pending the hearing and determination of the originating summons he filed challenging the action of the Kano State government.
The Judge ordered that the fundamental rights of the deposed Emir to freedom of movement and human dignity flagrantly breached must be restored to him immediately.
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Justice Chikere agreed that since the former Emir has no pending criminal charge or valid order for his detention, placing him under house arrest under whatever guise is a clear breach of his fundamental rights as guaranteed under the 1999 constitution of the Federal Republic of Nigeria (as amended).
In the exparte motion, the deposed Emir had prayed the court for, “An interim order releasing the applicant from the detention and or confinement of the respondents and restoring the applicant’s rights to human dignity, personal liberty, freedom of association and movement in Nigeria, (apart from Kano State) pending the hearing and determination of the applicant’s originating summons”.
Justice Chikere, while granting Sanusi’s prayers in the exparte motion, adjourned the matter till March 26, 2020, for hearing and directed that the respondents be served with the originating summons within five days and that the plaintiff should also respond within five days.
Respondents in the suit are the Kano State government, Attorney General of the Federation (AGF) and Minister of Justice, the Inspector General of Police and the Director-General of the State Security Service (SSS).
Sanusi has been under house arrest since Monday in Awe town in Nasarawa State, where he was banished to, after his dethronement as Emir of Kano.
Sanusi had, on Thursday dragged the Kano State government and the AGF before a Federal High Court in Abuja over his unlawful banishment to Awe town in Nasarawa State.
Sanusi, in the fundamental human rights enforcement suit, is praying the court to release him from detention and confinement to Awe town.
In the suit brought pursuant to section 34, 35, 40, 41 and 46 of the 1999 Constitution and Order 4 Rule 4 of the Federal High Court, the former Emir wants the court to restore his right to human dignity, personal liberty, freedom of association and movement in Nigeria apart from Kano State.
In the suit with the number, FHC/ABJ/ CS/357/2020, the former Emir of Kano is asking the court to declare his banishment to Nasarawa State as illegal, unlawful, unconstitutional, null and void.
Sanusi was on Monday, March 9, 2020, dethroned as Emir of Kano by the State government.
Among others, Sanusi was accused of disrespect to authorities of Kano State government, disloyalty and absence from meetings without cogent reasons.
Shortly after his dethronement, he was banished to Loko village in Nasarawa State from where he was later moved to Awe town where he is currently.