Emirate Dispute: Court Sets June 13 to Decide on Jurisdiction |
The Federal High Court in Kano has scheduled June 13 to deliver a decision on jurisdiction regarding the Kano emirate conflict.
Justice Abdullahi Muhammad Liman, presiding over the court, postponed the session after intense debate among the lawyers.
As reported by Daily Trust, the claimant, Aminu Babba Dan Agundi, Sarkin Dawaki Babba of the Kano Emirate, petitioned the court to prevent the defendants from applying, executing, and putting into effect the annulled legislation.
The defendants listed in the case include the Kano State Government, Kano State House of Assembly, Speaker of the Kano State House of Assembly, Attorney General of Kano State, Kano Commissioner of Police, IGP, NSCDC, and DSS.
During the hearing’s continuation on Thursday, the claimant’s attorney, M.S Waziri, informed the court of their written submission dated June 6.
Addressing the court’s authority, Waziri stated, "In adherence to the court’s directive, we have presented a written submission dated June 6th and we stand by it, asserting that the court is competent to oversee this case as it pertains to fundamental human rights.
“The claimant, as a member of the Kano emirate’s kingmakers, should have been included in the appointment of the new emir. There is no expiration date for a breach of fundamental rights. I implore the court to move forward with the case.”
In contrast, Mahmoud Abubakar Magaji (SAN), representing the first and fourth defendants, requested the court to reject jurisdiction over the case.
He contended that the legislation had undergone the legislative process and the order was issued post-action, with his client receiving notice the following Monday.
He thus implored the court to dismiss the case based on jurisdictional grounds.
"We submitted a written statement dated June 3 and filed on June 6. The constitution grants exclusive legislative authority to the Kano State House of Assembly.
The claimant is neither a legislative member nor the Commissioner for Chieftaincy Affairs. Consultation with the claimant may not be necessary," he argued.
Echoing the sentiments of the first and second defendants, counsel for the second and third defendants, Ibrahim Isah Wangida, maintained that the claimant’s rights were not violated as the 2024 law was repealed and ratified before the claimant initiated legal action.
“The 2019 Kano emirate council law, which conferred kingmaker status on the claimant at the time of his legal action, was nullified, thus he ceased to be a kingmaker when he commenced the lawsuit because the governor had already ratified the law.”
Representatives for the fifth and sixth defendants, Sunday Ekwe, informed the court that they had not raised any jurisdictional issues, as the police’s role is to ensure order and execute the court’s directives.
The judge deferred the case to June 13 to pass judgment on the matter of jurisdiction.