The tussle for Kano Emirate has taken a new dimension as the State Government vowed to appeal the suit ordering the sack of Emir Muhammad Sanusi II, barely a month after he was restored to the throne by Governor Abba Yusuf.
This followed the decision of a Federal High Court in Kano on Thursday, June 20, 2023, which nullified the reinstatement of Sanusi II as the 16th Emir of Kano.
The court also nullified the Kano Emirate Council (Amendment No. 2) Law, 2024 and all the actions taken after the controversial reinstatement.
News Rider reports that the court had scrapped four of the five emirates councils of the state last month and removed all the five emirs, including Aminu Ado-Bayero of Kano.
But the Commissioner for Information, Baba Dantiye informed newsmen that the government would appeal the judgment.
Recall that Governor Yusuf had on May 23, 2024, signed the bill that repealed the State Emirate Council Law 2019. Also on the same day, the Kano State House of Assembly passed the bill that dissolved the four emirates created by former Governor Abdullahi Ganduje.
With the repealed law and bill, Governor Yusuf immediately reinstated Sanusi the following day as the sole emir of Kano State.
The Suit
However, a member of the former Kano Emirate, Aminu Babba Danagundi challenged the government’s decision at the Federal High Court.
Danagundi, who holds the title of Sarkin Dawaki Babba had through his Counsel, Ibrahim Aliyu- Nasarawa filed a motion dated May 23, 2024.
He requested the court to restrain the Kano State government from implementing the Kano State Emirate (Repeal) Law 2024.
In a suit number FHC/KN/CS/182/2024, Justice Abdullahi Liman ordered the state government and other parties involved to stop the implementation of the new emirate law pending the hearing of the substantive case.
He 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by the government is hereby nullified and becomes null and invalid and that this does not affect the validity of the repealed Emirates Law but actions taken by the governor which include the assenting to the law and the reappointment of Sanusi.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."
Liman noted that 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.
He described the presentation of the reappointment letter to Sanusi as a road to anarchy, adding that if a court order could not be respected despite evidence of service, then the government was heading to the explosive side.
To this end, Liman ordered the restoration of the Kano Emirate Council Law 2019 that split Kano into five emirates of Kano, Bichi, Karaye, Rano and Gaya.
Dissatisfied with the development, Governor Yusuf immediately dismissed the injunction, claiming that the judge was in the United States when he issued the restraining order against the state government.
Hours after the pronouncement, Kano State government insisted that Sanusi remained the 16th emir of Kano.
Thereafter, the government ordered the demolition of Bayero's palace and directed him to immediately vacate the Gidan Nassarawa mini palace, where he had been living after he was dethroned.
The Battle
Sanusi was appointed as the 14th Emir of Kano on June 8, 2014, but was deposed in 2109 after the squabble with former governor Umar Ganduje.
Though 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, Kano House of Assembly populated by members of the New Nigeria Peoples Party (NNPP) also abolished Rano, Bichi, Karaye and Gaya emirates.
This led to the dethronment of Emir Bayero and the Emirs of Bichi, Gaya, Rano, and Karaye, who were installed following Ganduje’s controversial arrangement.
In addition, Yusuf issued a 48-hour ultimatum to the dethroned emirs to vacate their official residences and palaces, just as he directed them to hand over all affairs to the Commissioner for Local Government and Chieftaincy Affairs.
As Sanusi was reinstated, he replaced Ado Bayero, who lost his stool through the repealed law.
Disatisfied with the development, Babba-Dangundi took the matter to court to seek a reversal of the removal of Bayero.
Bayero also challenged his deposition in court while Sanusi secured a court ruling ordering his predecessor to vacate the Nassarawa mini-palace.
Barely 72 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.
Aliyu made the declaration after hearing an ex-parte application dated May 27, 2004 and filed by counsel to the applicants, Ibrahim Wangida.
Regrettably, 24 hours later, Justice S. Amobeda of the Federal High Court and Justice Aliyu issued two contradictory orders on the same crisis.
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 extended to Bayero.
He also directed the eviction of the reinstated Emir, Sanusi II, from the Gidan Rumfa palace.
Interestingly, Aliyu restrained the police, Department of State Services and Nigerian Army from evicting Sanusi from the palace.
The judge barred the respondents from every attempt to hijack the symbol 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 are Kano CP, IGP Egbetokun, director of DSS, Chief of Defence Staff, and Bayero.
Irked by the conflicting judgment, the President of the Nigeria Bar Association (NBA) Yakubu Maikyau, SAN described it as an embarrassment.
He requested that the judges and counsels involved in the cases should be probed.
Police Sounds Alarm
Also, the Kano State Police Command sounded an alarm that the ban on public protests, processions and unlawful gatherings is still in force.
This, they did to sustain the already tensed situation ignited by the emirate tussle in the state.
The command’s Public Relations Officer, Abdullahi Haruna disclosed this via a statement on Thursday shortly after the Federal High Court ruling on the sack of Sanusi.
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 promised to deploy adequate 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 added.
Despite the conflicting order on Thursday, the residents of Kano maintained peace, though armed policemen and security personnel were sited at strategic locations, including the two palaces where Sanusi and Bayero were occupying.
In a bid to maintain the already jeopardised peace, there is a need for the courts to critically examine the issues and save the emirate council from collapse.
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