Justice Muhammad Liman of the Federal High Court sitting in Kano, has adjourned the ruling regarding the Kano Emirate tussle on the issue of jurisdiction to June 13, 2024.
The lawsuit, filed by Aminu Babba Dan’agundi—a title holder and senior counsellor in the Kano emirate, challenges the repeal of the 2019 Emirate Council Law by the Kano State House of Assembly.
Dan’agundi, represented by Barrister M. S. Waziri, argues that the repeal of the 2019 law unlawfully stripped both the Emirate Council and the plaintiff of their powers.
He said that “Onthe issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated 6th June and hereby adopt same and maintain that the court has jurisdiction to entertain the matter because the issue is of fundamental human rights,is at stake and so long that it has issue of fundamental human rights.
The Counsel stated that “The
applicant as a member of Kano emirate Kingmakers oath to have been involved in the reinstatement of the new emir.
“My lord, breach of fundamental rights has no timeline. I urge the court to proceed with the case.”
On the other hand, the defence, led by Barrister Mahmud Abubakar Magaji, contends that the plaintiff did not follow the proper procedure when filing the case.
According to him, the suit was disguised as a fundamental rights violation, and the 2019 law was no longer in effect when the case was filed due to the 2024 repeal.
He added that ” We filed a written address dated June 3 and filed June 6. In the constitution, only the Kano State House of Assembly has the authority and power to make law.
He however said that ” The applicant is neither a member of the House of Assembly or the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted.”
While on his part, counsel to the second and third respondents, Ibrahim Isah Wangida aligned himself with the submission of the first and fourth respondents,by argued a that the applicant cannot claim his rights was breached as the 2024 law was repealed and accented to before the applicant filed action.
According to him, “The 2019 Kano emirate council law which gave the power to the applicant at the time of filing his action was abolished so he siezed to be a kingmaker as of the time he filed the action because the governor has already accented to the law.”
On their part, counsel to the fifth and sixth respondents, Sunday Ekwe told the court that they did not file any issue bothering on jurisdiction because the duty of the police is to maintain peace and wait to carry out order of the Court.
During the session, both parties presented their arguments before Justice Liman. The central issue debated was whether the court has jurisdiction to hear the case.
The court then requested written submissions from both sides and will review these documents before rendering a decision on June 13.
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