A Federal High Court in Kano is set to deliver a ruling today on whether it has jurisdiction to hear a suit challenging the Kano state government’s reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano.
The case was brought before the court by Aminu Babba Danagundi, a deposed elder of the Kano Emirate, who is seeking to enforce his fundamental human rights. Danagundi alleges that the state violated his rights by removing him from his position as Sarkin Dawaki Babba without his consent.
During the hearing, the court will also address the broader issue of whether the state has the authority to reinstate a law that had previously been repealed. The defence counsels have heavily debated the jurisdiction of the court in relation to the law that removed Aminu Bayero as the 14th Emir of Kano.
Barrister M. A. Waziri, counsel for the plaintiff, argued that the court has full jurisdiction to hear the case based on relevant sections of the law protecting fundamental human rights. Waziri claimed that Danagundi was not given a fair hearing before his removal, thus violating his fundamental rights. He also contended that the process leading to the reinstatement of Emir Sanusi II was flawed and invalid.
On the other hand, Sanusi II’s counsel, Barrister Muhamud A. Magaji, urged the court to reject the plaintiff’s claim of jurisdiction. Magaji emphasized that the Kano State House of Assembly has the authority to amend, repeal, or create laws regarding the emirate and chieftaincy affairs without needing to consult the plaintiff. He argued that the legislative powers of the House of Assembly include making decisions that suit the state’s interests.
Magaji also highlighted the controversy in the plaintiff’s argument, noting that while Danagundi seeks to invalidate the 2024 law reinstating Emir Sanusi II, he simultaneously supports the 2019 law that led to the turbaning of the deposed Emir Aminu Bayero. “This is controversial because you are saying the same House of Assembly that created that law has no power now,” he said.
The court’s ruling on its jurisdiction will determine whether it can proceed with hearing the substantive case on the reinstatement of Muhammadu Sanusi II and the removal of Aminu Babba Danagundi.
(Leadership)
