The judiciary is about to set serious confusion in Kano state as courts of coordinate jurisdiction sitting in different states have issued conflicting orders or who should remain as Emir of the ancient city.
Few hours after Justice Amina Adamu Aliyu of Kano High Court sitting on Miller Road issued an order restraining the police, the State Security Service (SSS) and Nigerian military from evicting the reinstated Emir of Kano, Muhammadu Sanusi II, another court; a Federal High Court sitting in Kano ordered the eviction of Muhammadu Sanusi II from the palace.
The Court, presided by Justice S. A. Amobeda, also ordered the police to ensure all rights and privileges due to the 15th Emir of Kano, Aminu Bayero, are given to him, as the rightful Emir of Kano.
Justice Amobeda stated that the order was made in the interest of justice and the maintenance of peace in Kano state.
Justice Amobeda said: “An order of interim injunction restraining the respondents either by themselves, their agents, servants, privies or any other person or authority from inviting, arresting, detaining, threatening, intimidating, harassing the applicant, raiding, tempering with or visiting the applicant’s in order to arrest or infringe on his right or in any other way infringe or attempt to infringe the Applicant’s rights pending the hearing and determination of the originating motion.
“An order restraining the 3rd, 4th and 5th respondents and all other respondents from denying the applicant to use his official residence and palace at the Emir’s Palace, Kofar Kudu as well as enjoy all rights and privileges accrued to him by virtue of being emir of Kano State and to evicting anything, anybody residing within the palace illegally pending the hearing and the determination of the originating summons.”
The Attorney General of the federation, the attorney general of the state, the police commissioner, the army, etc., are respondents.
The suit has been adjourned to June 4 for a hearing.
The State High Court sitting at Miller Road, Kano had earlier on Tuesday, May 28, restrained the police, State Security Service (SSS) and Nigerian military from evicting the reinstated Emir of Kano, Muhammadu Sanusi II from the palace.
The case was filed by Emir Muhammadu Sanusi II with the four kingmakers of Kano: Madakin Kano Yusuf Nabahani; Makaman Kano Ibrahim Sarki Abdullahi; Sarkin Bai Mansur Adnan and Sarkin Dawaki Maituta Bello Tuta as applicants.
The presiding judge, Justice A. Adamu Aliyu also retrained the security agencies from arresting or harassing Sanusi and his kingmakers.
The judge held that “an order of interim injunction is hereby granted restraining the respondents either by themselves, their agents, privies, representatives, and asides from further harassing, intimidating, inviting, arresting and or invading the personal or official residence of the applicants (Gidan Rumfa), his servants and or any of the Kano Emirate kingmakers of doing such acts that would be capable of interfering with the applicants’ rights generally in relation to this suit pending the hearing and determination of the motion on notice.
“That an order of interim injunction is hereby granted restraining the respondents from attempting to hijack, pick, commandeer, confiscate any of twin spear of authority, the Royal Hat of Dabo, the Ostrich-feathered shoes, the knife and sword of the Emir of Kano as well as symbols of authority pending the hearing and determination of the motion on notice.
“That it is further ordered that the Respondents are restraining from interfering with the functions, and duties of the 1st applicant (Sanusi) as the Emir of Kano pending the hearing and determination of the motion on notice dated May 28, 2024.”
The state court adjourned the case to June 13, 2024, for a hearing.
