Kano, Nigeria – The Federal High Court in Kano has reserved its judgment in a case concerning the fundamental human rights of the 15th Emir of Kano, Aminu Ado Bayero. The presiding judge, Justice Simon Amobeda, announced that the judgment date will be set following heated debates between the legal representatives of both parties.
Aminu Ado Bayero initiated the legal proceedings by filing a motion ex parte, seeking to restrain the defendants from arresting or violating his rights.
The case lists the Attorney General of the Federation, the Attorney General of Kano State, the Nigeria Police Force, the Inspector General of Police, the Commissioner of Police in Kano, the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps (NSCDC), the Nigerian Army, the Nigerian Airforce, and the Nigerian Navy as respondents.
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During the hearing on Friday, Mahmoud Abubakar Magaji SAN, representing the 2nd respondent, submitted a preliminary objection dated May 30 and filed on May 31.
He challenged the case on four grounds, questioning the basis of Bayero’s fundamental rights and referencing the repealed law of the Kano emirate.
Magaji stated, “We filed our 21-paragraph counter affidavit deposed by Abudullahi Garko, along with a written address dated May 31, focusing on points of law.”
Magaji requested the court to dismiss the originating summons, arguing, “Being an emir is a privilege, not a right.
The applicant filed his application five days after his removal. By the time of filing, he was no longer an emir, thus he has no rights. The purported right does not exist.”
He also filed a motion on notice to annul the ex parte order that had previously protected Bayero from arrest, intimidation, or harassment.
In defense, the applicant’s counsel, Michael Jonathan Numa SAN, argued that the court possesses the jurisdiction to address the matter, emphasizing that it involves the fundamental rights of Bayero.
Numa presented an originating motion dated May 27, supported by an affidavit and a written address, urging the court to consider the suit in the interest of justice and the peace of Kano and Nigeria.
At the outset of the hearing, Numa informed the court of their decision to withdraw the first and second prayers from their initial motion. He also called for the dismissal of the respondents’ preliminary objection, labeling it as unmerited.
Justice Amobeda concluded by stating that the date for delivering the judgment will be communicated in due time.
