Sarkin Dawaki Babba, Aminu Babba-DanAgundi of Kano Emirate, has expressed his disappointment and concern over the ongoing stool tussle that had become grim in Kano State.
Recall that Aminu Babba approached to the Federal High Court four weeks ago on the ground that his fundamental right was breached following deposition of Aminu Bayero and four others by Governor Abba Yusuf after repeal of the Kano Emirate Council Law 2019.
The Federal High Court sitting in Kano gave an interim order barring the Kano State government from implementing the State’s Emirate Law 2024 enacted by the State House of Assembly.
In a recent interview monitored by Daily News 24 on ARISE News, Aminu Babba explained his reasons for challenging the repealed law of the emirate council in court, citing violations of fundamental human rights and lack of due process.
READ ALSO: Kano Emirate Crisis: Legal expert calls ruling “Strange and Confusing”
According to the traditional leader, the repealed law affecting the emirate council was enacted without following the proper channels, prompting him to seek legal action on behalf of the Emir and the emirate.
Danagundi maintained that the removal of Sanusi in 2019 by the then Governor Abdullahi Ganduje followed due process as a formal query was issued, but the current attempt to reinstate the 15th Emir of Kano, Aminu Bayero does not.
Sarkin Dawaki Babba also criticised Sanusi’s approach of publicly challenging government officials, including Governor Ganduje, former President Goodluck Jonathan, and former Governor Kwankwaso, which he believes contributed to the current tensions.
“As an Emir you cannot challenge a sitting Governor which he (Muhammadu Sanusi II) did,” Danagundi stated.
“If there is anything they feel they want to advise the Governor, they have access to the Governor they can go and advise him, not going to the press and start talking.” He added.
While responding on the recent verdict by Federal High Court through Justice Abdullahi Liman which ordered parties to maintain status quo after validating the Kano Emirate Council Repeal Law 2024 and nullifying all actions of Governor Abba Yusuf, Babba Dan Agundi opined that the judge’s instruction to ‘maintain status quo ante’ effectively means that Aminu Ado Bayero remains the legally recognised Emir of Kano, and his position is protected from any attempts to alter or overturn it, even by the Governor, until further judicial review.
“The judge in his own wisdom gave us an order to maintain status quo ante, meaning as of today, in the eyes of the law, it is Aminu Adu Bayero who is the Emir of Kano. Not even the governor can change it because every citizen of the country relies on the rule of law. The governor does not have the power just to remove any public servant anyhow without giving him fair hearing,” Danagundi remarked.
Despite the challenges, the traditional leader attributed the relative calm in Kano to the court ruling, which he claimed has shown that 80% of the population does not support the state government’s stance.
“The reason why Kano was calm and nothing has happened was because of the court ruling; that interim order they gave. If not, it would have been something else today by the supporters of Aminu Bayero in Kano,” he explained.
He cautioned that while the government has the power to remove an Emir, it must adhere to due process and the rule of law.
Kano Government plans appeal as court nullifies appointment of Muhammadu Sanusi II
The Kano State Government has vowed to appeal judgment of the Federal High Court in Kano that nullified the reinstatement of Muhammad Sanusi II as the 16th Emir of Kano on Thursday, barely a month after he was restored to the throne by Kano State Governor, Abba Yusuf.
The court also voided all actions taken following the reinstatement.
The Commissioner for Information, Baba Dantiye, confirmed this, stating, “Yes, it’s going to be appealed,” in a text message to one of the Kano correspondents.
Justice Abdullahi Liman ruled, “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.”
READ ALSO: Federal High Court affirms jurisdiction to entertain suit in Kano emirate dispute
Justice Liman explained, “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.”
The judge noted that the situation could have been avoided if the respondents had followed due process and complied with the court order, which would still have allowed them to achieve their objectives.
On May 23, Liman had restrained the Kano State Government from implementing the new emirate law. However, the governor dismissed the injunction, claiming that the judge was in the United States when he issued the restraining order against the state government.
Judge slams Kano Government for ignoring Court Order
Referencing the state government’s refusal to obey his earlier order, Justice Abdullahi Liman criticised the respondents for acting according to their whims and caprices, stating that their actions had landed them in a serious mess.
The latest court order has further deepened the crisis in the state, which has been on tenterhooks since Bayero was dethroned and replaced with Sanusi II on May 23, 2024.
However, the state’s Attorney General and Commissioner of Justice, Haruna Dederi, offered a different interpretation of the judgment. At a press conference in Kano on Thursday, he claimed that the court reaffirmed Sanusi’s reappointment.
“The Kano State Government acknowledges the ruling by the Federal High Court regarding the Kano Emirates Council (Repeal) Law, 2024 and views the same as upholding the rule of law,” said Dederi. “By the ruling of the Court, it has unequivocally reaffirmed the validity of the law passed by the Kano State House of Assembly and assented to by His Excellency the Executive Governor of Kano State on Thursday 23rd May 2024 by 5:10 pm.”
He added, “This part of the judgment is very fundamental to the entire matter. A further implication of the ruling is that all actions done by the government before the emergence of the interim order of the honourable court are equally validated. This means that the abolishing of the five emirates created in 2019 is validated and the deposition of the five emirs is also sustained by the Federal High Court.”
The Attorney General called on the police to evict the deposed Emir Bayero from the Nasarawa palace, stating that the palace would be demolished for reconstruction.
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