A Federal High Court sitting in Kano on Thursday, presided over by Justice Abdullahi Muhammad Liman, has fixed June 13, 2024, for ruling on the issue of jurisdiction in the case of the Kano emirate tussle.
However, Liman adjourned the sitting following a heated argument between counsels.
It will be recalled that the applicant, Aminu Babba Dan Agundi, Sarkin Dawaki Babba of the Kano Emirate, had approached the Court seeking his fundamental human rights and that the court should restrain the respondents from enforcing, implementing, and operationalizing the repealed law.
According to the suit, the respondents are the Kano State Government, Kano State House of Assembly, Speaker of the Kano State House of Assembly, Attorney General of Kano State, Kano Commissioner of Police, IGP, NSCDC, and DSS.
When the matter resumed for a hearing on Thursday, counsel to the applicant, M.S Waziri, informed the court that they have filed a written address dated June 6.
He said, “On the issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated June 6 and hereby adopt the same and maintain that the court has jurisdiction to entertain the matter because the issue is of fundamental human rights, is at stake and so long that it has an issue of fundamental human rights.
The Counsel stated that “The applicant as a member of Kano Emirate Kingmakers oath to have been involved in the reinstatement of the new emir.
“My lord, breach of fundamental rights has no timeline. I urge the court to proceed with the case.”
While responding, the Counsel to the first and fourth respondents, Mahmoud Abubakar Magaji SAN, urged the court to decline the jurisdiction to entertain the matter.
According to him, the law has gone through legislative processes, first, second, and third, and the order came only after the action was done and his client was only served on a Monday of the following week.
He then urged the court to decline to entertain the matter on the issue of jurisdiction.
He added that “We filed a written address dated June 3 and filed June 6. In the constitution, only the Kano State House of Assembly has the authority and power to make law.
He, however, said that “The applicant is neither a member of the House of Assembly nor the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted.”
While on his part, counsel to the second and third respondents, Ibrahim Isah Wangida, aligned himself with the submission of the first and fourth respondents but argued that the applicant cannot claim his rights were breached as the 2024 law was repealed and assented to before the applicant filed action.
Wangida stated that “The 2019 Kano emirate council law, which gave the power to the applicant at the time of filing his action was abolished, so he seized to be a kingmaker as of the time he filed the action because the governor has already assented to the law.”
On their part, counsel to the fifth and sixth respondents, Sunday Ekwe, told the court that they did not file any issue bothering on jurisdiction because the duty of the police is to maintain peace and wait to carry out the order of the Court.
After listening to both arguments, the Judge, however, adjourned the case to June 13 for ruling on jurisdiction.
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