A Federal High Court sitting in Kano, presided by Justice Abdullahi Muhammad Liman on Thursday, June 6, fixed June 13, to determine whether it has jurisdiction to entertain the case filed against the reinstatement of Muhammadu Sanusi II as the 16th emir of Kano.
The state government recently abolished the five emirates in the state, dethroning Aminu Bayero and four other first-class emirs after repealing the state’s chieftaincy law.
However, Aminu Babba Dan Agundi – one of the affected emirate senior councillors, sued the state Assembly and Governor Abba Yusuf through a Federal High Court, which issued an order restraining Sanusi’s reinstatement.
Counsel to the plaintiff, Barr. MA Waziri said the Assembly did not do a public hearing before repealing the existing law and unilaterally removed the emirs, thus violating their fundamental human rights. He prayed the court to void and nullify Sanusi’s reinstatement.
However, counsel to the respondents, Muhamud Magaji, submitted that the federal high court lacks the jurisdiction to entertain the case, arguing that the appointments and dethronements of emirs in the states are purely a state’s affair.
When the court sat on Thursday both counsels argued on the issue of jurisdiction.
Counsel to Sanusi and the other defendants, Muhamud Magaji, urged the court to “decline the temptation of accepting the plaintiff’s narrative that it has jurisdiction to continue with the case.” He argued that it is indisputable that the State House of Assembly has powers to amend, repeal, or even enact new laws that suit the State.
“The House of Assembly needs not to consult the plaintiff when making or repealing a law on the emirate titles and chieftaincy affairs, because the whole issues rest with Kano State and nothing more,” he said.
Magaji told the court that the plaintiff‘s submission is contradictory, for advancing that the 2024 Repealed Law that brought about the reinstatement of Emir Muhammadu Sanusi II should be discarded and while 2019 repealed Emirates Council Law that saw the crowning of the deposed emir, Aminu Bayero, should remain.
“This is controversial because you are saying the same House of Assembly that created that law has no power now,” the defending lawyer said.
Responding to the arguments, Justice Liman, said the court has two applications to hear -that of jurisdiction and motion to set aside the order stopping the reinstatement of Emir Muhammadu Sanusi II.
The judge adjourned the case to June 13 to rule on whether the federal high court has jurisdiction to adjudicate on the case.
