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Kano Emirate Dispute: Court Reserves Judgment in Emir Bayero’s Lawsuit

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A Federal High Court Judge, Justice Simon Amodeba, has reserved his judgment in a suit filed by the dethroned Emir of Kano, Aminu Bayero, on protecting fundamental human rights.

Mr Bayero filed the lawsuit following the emirate dispute that saw to his reinstatement for Emir of Kano, as Lamido Sanusi was dethroned, seeking the court to restrain the respondents from arresting or infringing on his rights.

The respondents in the lawsuit include the Attorney-General of the Federation, the Attorney General of Kano State, the Nigeria Police Force, the Inspector-General of Police (IGP), the Commissioner of Police in Kano, the State Security Service (SSS), the Nigeria Security and Civil Defence Corps (NSCDC), the Nigerian Army, the Nigerian Air force, and the Nigerian Navy.

However, Justice Amodeba reserved the judgment following a debate by lawyers representing parties to the case.

Meanwhile, the lawyer to the second respondent (the Attorney General of Kano State), Mahmoud Magaji, SAN, said he filed a preliminary objection on May 31st on four grounds around the applicant’s (Mr Bayero) fundamental human rights and the repealed Kano emirate law.

We filed our 12-paragraph counter affidavit deposed by Abdullahi Garko and written address dated May 31st on the point of law,” Mr Magaji said, urging the court to dismiss and strike out the originating summons.

He further argued that Mr Bayero filed his lawsuit five days after he was removed as Emir of Kano.

And if that was established, he has no rights. We submit that the purported right does not exist,’ he reiterated.

He added that “the applicant has agreed he was removed without a fair hearing,” yet urged the Court to refuse to hear their application.

Mr Magaji also filed a motion on notice to set aside the exparte order earlier granted by the court restraining the respondents from arresting, intimidating or harassing him.

On the other hand, Mr Bayero’s lawyer, Michael Numa, argued that the court has jurisdiction to entertain the matter as it is based on the applicant’s fundamental rights.

He said he also filed an originating motion dated 27 May, supported with an affidavit and a written address, urging the court to accept the fundamental rights suit in the interest of justice for the peace of Kano and Nigeria.

The judge, Mr Amobeda, however, said a date will be communicated to the lawyers representing parties in the case for his ruling.

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