By Our Correspondent
Former Kano State Attorney General and Commissioner of Justice, M.A. Lawan, has clarified the recent Court of Appeal judgment regarding the Kano Emirate dispute, stating that Aminu Ado Bayero remains the legitimate Emir.
Lawan refuted the Kano State government’s interpretation of the ruling, stressing that the Court of Appeal issued two separate judgments.
Lawan explained in a statement that one judgment overturned the Federal High Court’s ruling on jurisdiction in a suit filed by a kingmaker, Alhaji Aminu Babba Dan Agundi. He stressed that this judgment did not validate the Kano State government’s actions regarding chieftaincy appointments and the 2024 Emirate Council Law.
The other judgment, Lawan clarified, overturned the entire judgment of the Kano State High Court, which had ruled against Bayero and the other four Emirates of Bichi, Gaya, Rano, and Karaye.
“Contrary to the opinion of the Kano State government, the Court of Appeal never validated the disputed Emirate Council Law of 2024 nor did the Court of Appeal validate the disputed current government’s actions regarding the chieftaincy appointments and reforms in the state’s traditional institutions,” Lawan stated.
He further clarified that the appeal concerning a separate suit (FHC/KN/CS/190/2024) filed by Bayero for the enforcement of his fundamental rights, in which Justice Amobeda awarded him N10 million, is still pending and was not addressed by the Court of Appeal’s recent pronouncements.
Crucially, Lawan pointed out that the Court of Appeal’s decision to set aside the High Court’s judgment effectively reinstates the status quo.
“The implications of this judgment of the Court of Appeal is that the continuous occupation of the Throne by His Highness Aminu Ado Bayero remains legitimate while the purported attempted enthronement of Alhaji Muhammad Sanusi II still remains questionable,” he asserted.
Lawan advised the Kano State government to cease misleading the public about the judgment’s implications and cautioned Alhaji Muhammad Sanusi II against presenting himself as the Emir of Kano, as no court has confirmed his legitimacy in that role.
He acknowledged Sunusi as the 14th Emir of Kano and urged the people of Kano State to support all five Emiratis.
The statement read: “My attention has been drawn to the statement issued by the Kano State Government on the judgment of the Court of Appeal with regards to the Kano State Emirate tussle and wish to respond as follows;
“Contrary to the opinion of the Kano State government, the Court of Appeal never validated the disputed Emirate Council Law of 2024 nor did the Court of Appeal validate the disputed current government’s actions regarding the chieftaincy appointments and reforms in the state’s traditional institutions.
“Furthermore, the Court of Appeal never validated or legalized or upheld the disputed actions of the Executive Governor of Kano State pursuant to the disputed Emirate Council Law of 2024.
“Independent and unbiased minds appreciate the fact that the judgments of the Court of Appeal are two in number. One overturned the ruling of the Federal High Court on jurisdiction, the other overturned the entire judgment of the Kano State High Court.
“The judgment of the Court of Appeal in respect of the Federal High Court ruling simply held that the Federal High Court has no jurisdiction over chieftaincy matters. The judgment is not in support of any of the postulations of the Kano State government.
“It should be further noted that the judgment of the Court of Appeal nullifying the ruling of the Federal High Court in suit no. FHC/KN/CS/182/2024 of Justice Liman on lack of jurisdiction has nothing to do with the judgment of Justice Amobeda of the Federal High Court in suit no. FHC/KN/CS/190/2024. The suit before Justice Liman was filed by a Kingmaker Alhaji Aminu Babba Dan Agundi.
“On the other hand, when the Governor of Kano State ordered the Police to arrest His Highness Aminu Ado Bayero, His Highness filed suit for the enforcement of his fundamental right to Liberty and dignity. Justice Amobeda delivered judgment finding merit in the case and awarded the sum of N10,000,000.00 in favour of His Highness Aminu Ado Bayero against the Kano State Government. This judgment remains valid and subsisting as the Court of Appeal did not make any pronouncement on the judgment of Justice Amobeda. The appeal is still pending.
“On the other side of the divide, the judgment of the Court of Appeal in the sister appeal is clearly in favour of His Highness Aminu Ado Bayero and the other 4 Emirates of Bichi, Gaya, Rano and Karaye. This is because the Kano State High Court had earlier declared them improper by virtue of the new Emirate Law of 2024 and further directed the removal of His Highness Aminu Ado Bayero.
“It is worthy of note that the suit before the High Court was instituted by the Kano State government seeking for the nullification of the Emir ship of His Highness Aminu Ado Bayero, which the High Court eventually granted in order to pave way for legitimacy of Alhaji Muhammad Sanusi II. The State High Court granted the prayers of the government. The judgment of the High Court has now been set aside in its entirety by the Court of Appeal and ordered for retrial before another Judge of the High Court
“The implications of this judgment of the Court of Appeal is that the continuous occupation of the Throne by His Highness Aminu Ado Bayero remains legitimate while the purported attempted enthronement of Alhaji Muhammad Sanusi II still remains questionable.
“I extend my appreciation to the Judiciary for upholding the principles of Justice and fairness.
“I strongly advise the Kano State government to stop misleading itself and the public that the judgment of the Court of Appeal is in its favour.
“Similarly, Alhaji Muhammad Sanusi II should be cautious of parading himself as the Emir of Kano because no Court has affirmed his legitimacy as incumbent Emir. He is no doubt the 14th Emir of Kano and we shall continue to accord him that respect.
“I call on the good people of Kano State to continue to give the necessary support to all the 5 Emirates of Kano, Bichi, Gaya, Rano and Karaye”.
Former Kano State Attorney General and Commissioner of Justice, M.A. Lawan, has clarified the recent Court of Appeal judgment regarding the Kano Emirate dispute, stating that Aminu Ado Bayero remains the legitimate Emir.
Lawan refuted the Kano State government’s interpretation of the ruling, stressing that the Court of Appeal issued two separate judgments.
Lawan explained in a statement that one judgment overturned the Federal High Court’s ruling on jurisdiction in a suit filed by a kingmaker, Alhaji Aminu Babba Dan Agundi. He stressed that this judgment did not validate the Kano State government’s actions regarding chieftaincy appointments and the 2024 Emirate Council Law.
The other judgment, Lawan clarified, overturned the entire judgment of the Kano State High Court, which had ruled against Bayero and the other four Emirates of Bichi, Gaya, Rano, and Karaye.
“Contrary to the opinion of the Kano State government, the Court of Appeal never validated the disputed Emirate Council Law of 2024 nor did the Court of Appeal validate the disputed current government’s actions regarding the chieftaincy appointments and reforms in the state’s traditional institutions,” Lawan stated.
He further clarified that the appeal concerning a separate suit (FHC/KN/CS/190/2024) filed by Bayero for the enforcement of his fundamental rights, in which Justice Amobeda awarded him N10 million, is still pending and was not addressed by the Court of Appeal’s recent pronouncements.
Crucially, Lawan pointed out that the Court of Appeal’s decision to set aside the High Court’s judgment effectively reinstates the status quo.
“The implications of this judgment of the Court of Appeal is that the continuous occupation of the Throne by His Highness Aminu Ado Bayero remains legitimate while the purported attempted enthronement of Alhaji Muhammad Sanusi II still remains questionable,” he asserted.
Lawan advised the Kano State government to cease misleading the public about the judgment’s implications and cautioned Alhaji Muhammad Sanusi II against presenting himself as the Emir of Kano, as no court has confirmed his legitimacy in that role.
He acknowledged Sunusi as the 14th Emir of Kano and urged the people of Kano State to support all five Emiratis.
The statement read: “My attention has been drawn to the statement issued by the Kano State Government on the judgment of the Court of Appeal with regards to the Kano State Emirate tussle and wish to respond as follows;
“Contrary to the opinion of the Kano State government, the Court of Appeal never validated the disputed Emirate Council Law of 2024 nor did the Court of Appeal validate the disputed current government’s actions regarding the chieftaincy appointments and reforms in the state’s traditional institutions.
“Furthermore, the Court of Appeal never validated or legalized or upheld the disputed actions of the Executive Governor of Kano State pursuant to the disputed Emirate Council Law of 2024.
“Independent and unbiased minds appreciate the fact that the judgments of the Court of Appeal are two in number. One overturned the ruling of the Federal High Court on jurisdiction, the other overturned the entire judgment of the Kano State High Court.
“The judgment of the Court of Appeal in respect of the Federal High Court ruling simply held that the Federal High Court has no jurisdiction over chieftaincy matters. The judgment is not in support of any of the postulations of the Kano State government.
“It should be further noted that the judgment of the Court of Appeal nullifying the ruling of the Federal High Court in suit no. FHC/KN/CS/182/2024 of Justice Liman on lack of jurisdiction has nothing to do with the judgment of Justice Amobeda of the Federal High Court in suit no. FHC/KN/CS/190/2024. The suit before Justice Liman was filed by a Kingmaker Alhaji Aminu Babba Dan Agundi.
“On the other hand, when the Governor of Kano State ordered the Police to arrest His Highness Aminu Ado Bayero, His Highness filed suit for the enforcement of his fundamental right to Liberty and dignity. Justice Amobeda delivered judgment finding merit in the case and awarded the sum of N10,000,000.00 in favour of His Highness Aminu Ado Bayero against the Kano State Government. This judgment remains valid and subsisting as the Court of Appeal did not make any pronouncement on the judgment of Justice Amobeda. The appeal is still pending.
“On the other side of the divide, the judgment of the Court of Appeal in the sister appeal is clearly in favour of His Highness Aminu Ado Bayero and the other 4 Emirates of Bichi, Gaya, Rano and Karaye. This is because the Kano State High Court had earlier declared them improper by virtue of the new Emirate Law of 2024 and further directed the removal of His Highness Aminu Ado Bayero.
“It is worthy of note that the suit before the High Court was instituted by the Kano State government seeking for the nullification of the Emir ship of His Highness Aminu Ado Bayero, which the High Court eventually granted in order to pave way for legitimacy of Alhaji Muhammad Sanusi II. The State High Court granted the prayers of the government. The judgment of the High Court has now been set aside in its entirety by the Court of Appeal and ordered for retrial before another Judge of the High Court
“The implications of this judgment of the Court of Appeal is that the continuous occupation of the Throne by His Highness Aminu Ado Bayero remains legitimate while the purported attempted enthronement of Alhaji Muhammad Sanusi II still remains questionable.
“I extend my appreciation to the Judiciary for upholding the principles of Justice and fairness.
“I strongly advise the Kano State government to stop misleading itself and the public that the judgment of the Court of Appeal is in its favour.
“Similarly, Alhaji Muhammad Sanusi II should be cautious of parading himself as the Emir of Kano because no Court has affirmed his legitimacy as incumbent Emir. He is no doubt the 14th Emir of Kano and we shall continue to accord him that respect.
“I call on the good people of Kano State to continue to give the necessary support to all the 5 Emirates of Kano, Bichi, Gaya, Rano and Karaye”.
No comments:
Post a Comment