THE legal team of former Emir of Kano, Malam Muhammadu Sanusi II led by Barrister Abubakar Balarabe Mahmud SAN, has said the purported and illegal deposition Sanusi would be challenged before a court of law.
Mahmud also gave the Attorney General of Kano State and Director of State Security 24 hours ultimatum to release Sanusi unconditionally.
He noted that the removal of Emir Sanusi was illegal and unconditional because he was not given a fair hearing to defend himself on allegation levelled against him.
Making the assertion while addressing pressmen on Tuesday, Mahmud added that the archaic practice of banishment of deposition of Emirs was a colonial practice which has no basis under Nigerian law or constitution.
He, however, disclosed that “we have not spoken to the Emir, but we have got an instruction through his Chief of Staff to take legal action and challenge the legality of the Emir’s detention and banishment.
“The Kano State Emirate Council Law which was recently enacted by the government of Kano State does not give the state executive council or the government of Kano State the powers to unilaterally remove the Emir.”
He noted that the reason given in the letter of deposition of Emir Sanusi dated 9th March 2020 was alleged disrespect to lawful instructions from the authorities.
According to the letter, “Emir was also alleged to have refused to attend official programmes and meetings organised by the government. As far as we are aware, there has not been any notice of such disrespect ever given to Emir Sanusi or query issued to him for refusal to attend official functions.”
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He was not given any opportunity to defend himself against those charges. Section 13 of the Kano Emirate Council Law 2019 cited in the letter of deposition empowers the governor to depose an Emir only after inquiry and consultation with state council of chiefs.
“We were not aware of such due inquiry nor are we aware that the Kano State council of chiefs was at any time summoned to any meeting much less discuss the removal of the Emir or give any advice to the governor on the deposition.
“We are totally perplexed at the resort to this practice in present day Nigeria by its political leaders.”
According to him, “the illegality of this practice was pronounced by the Nigerian Court of Appeal in Attorney General Kebbi State vs HRH Alhaji Al-Mustapha Jakolo and ors 2013 LPELR 22349/.CA, where the court pronounced it is illegal and unconstitutional and gross violation of the right of the Emir.
“This is what the court said in that case, ‘the banishment and deportation from Kebbi State by the governor of Kebbi… of the first respondent to Lafia in Nassarawa State and later to Obi also in Nasssrawa State is most unconstitutional and illegal.
“We call on the authorities, in particular, the Inspector General, the Director-General of DSS and Attorney General of the Federation and Minister of Justice to ensure the immediate release of HH Muhammadu Sanusi II, so that he can be reunited with his family.”
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