Kano plans appeal as court sacks Sanusi

A Federal High Court in Kano, on Thursday, nullified the reinstatement of Muhammad Sanusi II as the 16th Emir of Kano, barely a month after he was restored to the throne by the Kano State Governor, Abba Yusuf.

The court also nullified all the actions taken after the controversial reinstatement.

However, the Kano State Government has vowed to appeal the judgment.

The Commissioner for Information, Baba Dantiye, confirmed that the government would appeal the judgment.

“Yes, it’s going to be appealed,” he said in a text message sent to one of one of our correspondents while responding to a question.

Handing down the judgment in a suit filed by a member of the former Kano Emirate, Aminu Babba Danagundi, who challenged the removal of the  15th Emir, Aminu Ado Bayero,  Justice Abdullahi Liman, said, “I hereby order that every step taken by the government is hereby nullified and becomes null and invalid and that this does not affect the validity of the repealed Emirates Law but actions taken by the governor which include the assenting to the law and the reappointment of Sanusi.

“I have listened to the audio of the governor both in Hausa and English after assenting to the law, and I am convinced that the respondents are aware of the order of maintaining status quo pending the hearing and determination of the motions on notice in the court.

“Having been satisfied that the respondents are aware of the court order; the court, in the exercise of its powers, set aside the action because it is in violation of the court’s order. I think it is a very serious matter for anyone to flout the orders of the court and go scot-free with it.”

He said the situation could have been averted if the respondents followed the due processes by complying with the court order, which would still have allowed them to carry out their objective.

Liman had on May 23 restrained the Kano State Government from implementing the new emirate law.

But the injunction was dismissed by the governor who claimed that the judge was in the United States when he issued the restraining order against the state government.

Judge slam govt

Referencing the refusal of the state government to obey his earlier order, Liman noted that the respondents chose to act according to their whims and caprices.

The situation, he said, had landed them in a serious mess.

The latest court order has further deepened the crisis in the state which has been on tenterhooks since Bayero was dethroned and replaced with Sanusi II on May 23, 2024.

But the state  Attorney General and Commissioner of Justice, Haruna Dederi, in his interpretation of the judgment, at a press conference in Kano on Thursday, said the court reaffirmed Sanusi’s reappointment.

He said the state government welcomed the Federal High Court ruling regarding the Kano Emirates Council (Repeal) Law, 2024 and views the same as upholding the rule of law.

He called on the police to evict the deposed Emir Bayero from the Nasarawa palace. He said the palace would be demolished for reconstruction.

The commissioner stated, “The Kano State Government acknowledges the ruling by the Federal High Court regarding the Kano Emirates Council (Repeal) Law, 2024 and views the same as upholding the rule of law.

“By the ruling of the Court, it has unequivocally reaffirmed the validity of the law passed by Kano State House of Assembly and assented to by His Excellency the Executive Governor of Kano State on Thursday 23rd May 2024 by 5:10pm.

“This part of the judgement is very fundamental to the entire matter. A further implication of the ruling is that all actions done by the government before the emergence of the interim order of the honourable court, are equally validated. This means that the abolishing of the five emirates created in 2019 is validated and the deposition of the five emirs is also sustained by the Federal High Court.

‘Sanusi remain Emir’

“By implication, this means that Muhammadu Sanusi II remains the emir of Kano. The judge also granted our application for the stay of proceedings until the Court of Appeal deals with the appeal before it on jurisdiction.

“Happily, the signing of the law and the reinstatement of His Highness, Emir Muhammad Sanusi II, were done on 23rd May 2024 before the emergence of the interim order which was served on us on Monday 27th May 2024.

“Happily, the signing of the law and the reinstatement of His Highness, Emir Muhamamad Sunusi II were done on 23rd May, 2024 before the emergence of the Interim Order which was served on us on Monday 27th May, 2024.”

“Following this Court’s ruling, Kano State Government has directed the State Commissioner of Police to remove the deposed emir of the 8 metropolitan local governments from the Government property where he is trespassing as the Government has already concluded arrangements for the general reconstruction and renovation of the property including the demolishing and reconstruction of the dilapidated wall fence with immediate effect.

Sanusi was appointed the emir on June 8, 2014, as the 14th Emir of Kano, but he was deposed in 2109 after falling out with ex-governor Umar Ganduje.

He challenged his deposition, but in March 2020, a Kano State High Court ruled that the emirate councils were legally created.

However, he was restored to the throne following the repeal of the Kano State Emirs (Appointment and Deposition) Law, the emirates’ abolition, and changes introduced by Ganduje in 2019.

In repealing the former law, the New Nigeria Peoples Party-controlled Kano House of Assembly also abolished Rano, Karaye, Gaya, and Bichi Emirates.

After signing the  Kano State Emirate Amendment Bill 2024 into law, Governor Yusuf deposed the Kano Emir Bayero and the emirs of Bichi, Gaya, Rano, and Karaye, who were installed following Ganduje’s controversial emirate division.

In addition, Yusuf issued a 48-hour ultimatum to the dethroned emirs to vacate their official residences and palaces, directing them to hand over all affairs to the Commissioner for Local Government and Chieftaincy Affairs.

However, Bayero challenged his deposition in court while Sanusi also secured a court ruling ordering his predecessor to vacate the Nassarawa mini-palace where he was staying.

No fewer than four contrary rulings had been handed down by three judges on the matter.

Seventy-two hours after Liman’s restraining order against the state government, Justice Amina Aliyu of the Kano State High Court issued an order restraining Bayero from parading himself as the emir of Kano pending the determination of a suit instituted by the Attorney-General of Kano State, Speaker House of Assembly and Kano State House of Assembly.

The judge also restrained the four dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs pending the hearing and determination of the motion on notice filed by the applicants.

The judge gave the order after hearing an ex-parte application dated May 27, 2004, filed by Ibrahim Wangida, the counsel to the applicants.

Twenty-four hours later, Justice S. Amobeda of the Federal High Court and Justice Aliyu issued two contradictory orders on the same Kano emirate tussle.

Amobeda ordered the Inspector-General of Police, Kayode Egbetokun, and the Kano State Commissioner of Police, Hussain Gumel, to ensure that all rights and privileges of an emir were given to Bayero.

Furthermore, he ordered the eviction of the reinstated emir, Sanusi II, from the Gidan Rumfa palace.

Aliyu on the other hand restrained the police, the Department of State Services and the Nigerian Army from evicting Sanusi from the palace.

The judge barred the respondents from “attempting to hijack” the symbols of authority meant for the emir of Kano pending the determination of the suit.

She gave the interim order in a case filed by Sanusi and four Kano kingmakers.

The respondents include the Kano CP, the IG, the director of DSS, the Chief of Defence Staff, and Bayero.

The conflicting orders provoked an outrage from the Nigeria Bar Association which described the development as embarrassing.

The NBA President, Maikyau, SAN, frowned on the embarrassing conduct of the counsels and judges involved in the cases and demanded a probe of their actions.

In a move to sustain the relative calm in the state, the Kano State Police Command has reminded Kano residents that the ban on public protests, processions and unlawful gatherings is still in force.

This was contained in a statement issued by the command’s Public Relations Officer, Abdullahi Haruna, hours before the Federal High Court handed down its ruling on Thursday.

It read, “Members of the general public are called upon to remain patriotic and to shun any attempt by enemies of the peace from using them to cause violence as lives of everyone is sacred and the priority of the police to protect them including their property.

’While the police remain committed to the prevention and detection of all forms of crime, miscreants and the general public are hereby warned to note the following:

“Police alongside all law enforcement agencies in the state are strictly enforcing the total ban placed by Kano State Government on public protests, processions, related to unlawful gatherings and further committed to the preservation of law and orders.

“Accordingly, violators, including their sponsors, will be promptly identified and sanctioned according to the law of the land.’’

Haruna pledged adequate deployments of security personnel to forestall a breakdown of law and order.

“Patriotic residents are called upon to note and cooperate with the large number of security personnel they will be coming across. They are expected to provide them with actionable information and intelligence to preserve the peace; arrest, investigate and prosecute the deviants.

“For the avoidance of doubt, all non-state actors, including vigilantes, hunters, and alike, are to stay clear from participating under the guise of providing security to any section of the community,’’ he further clarified.

Meanwhile, Kano city remained calm on Thursday evening despite the Federal Court judgment which nullified Sanusi’s reinstatement as the Kano emir.

One of our correspondents who went around the city around 5:30pm observed the residents going about their businesses as human and vehicular movement continued unhindered.

Armed policemen and other security personnel were seen manning strategic places, including the two palaces where Sanusi and Bayero were occupying.

Supporters of Bayero were seen at the Nassarawa mini-palace discussing the latest development.