Kano Emirate Crisis – Reacting to the recent court ruling on the Kano Emirate case, renowned constitutional lawyer, Professor Auwalu Yadudu, expressed his confusion and concern over the judge’s pronouncements.
Speaking to Daily Trust, Yadudu described the ruling as “strange and baffling,” accusing the judge of “approbating and reprobating in the same breath.”
Professor Yadudu highlighted the contradictory nature of the ruling, where the judge assumed jurisdiction over the fundamental human rights aspect of the case but refused jurisdiction on the validity of the Kano emirates law.
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“This has muddled up the case, and it is very unbecoming of a judge who has now been elevated to the Court of Appeal,” he said.
While clarifying that he was not accusing the judge of any impropriety, Yadudu questioned the logic behind the pronouncements.
“How can you say the actions taken pursuant to a law are set aside, and then say you are not delving into the validity of the said law?” he queried.
Yadudu further explained that the judge had essentially admitted to lacking jurisdiction on the issue by transferring the case to another judge, yet still went ahead to set aside the governor’s actions.
He pointed out that the ex-parte order should no longer be relevant as it is being challenged at the Appeal Court, and the judge acknowledged this by granting a stay of proceedings and refraining from nullifying the law.
“All these are avoidable. It is not helpful for the judicial process. It is strange and doesn’t speak well of the judge,” Yadudu remarked. He added that the question of whether the governor’s actions came before or after the ex-parte order is a matter of fact or evidence, noting, “It seems from the record that the order came after.”
Kano Emirate Crisis: Lawyers and Activists Applaud Court Verdict Reinstating Emir Ado Bayero
In another development, the National Coalition of Northern Lawyers and a group of activists under the aegis of Public Interest Activists (NCNLPIA) have lauded the Federal High Court ruling on the Emirate stool dispute.
Mr. Napoleon Otache, convener of NCNLPIA, praised the court on Friday in Abuja for upholding the rule of law and protecting the integrity of traditional institutions. He said at a news conference that “the ruling was a victory for justice, truth, and the people of Kano State.”
Otache emphasized that the judgment vindicates the widespread belief in the illegality of the Kano State Government’s decision to dissolve the Kano Emirates. He urged Governor Abba Yusuf to apologize to Emir Ado Bayero for the humiliation and embarrassment caused by his dethronement and the unlawful dissolution of the Kano Emirates. “The judgment vindicates the popular stance on the illegality of the Kano State Government in dissolving the Kano Emirates,” he said.
Justice Abdullahi Liman of the Federal High Court, Kano, had overturned all actions taken by Governor Yusuf following the amendment of the Kano Emirate law by the State House of Assembly on May 23. The judge criticized the governor’s assent to the bill and the subsequent appointment of Sanusi on May 24, despite a court order directing all parties to maintain the status quo.
In response, the state government, through Attorney-General and Commissioner for Justice Haruna Dederi, provided also their own interpretation of the ruling. “The Kano State Government acknowledges the ruling by the Federal High Court regarding the Kano Emirates Council (Repeal) Law, 2024, and views same as upholding the rule of law,” Dederi said. “By the ruling of the Court, it has unequivocally reaffirmed the validity of the law passed by 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.”
The court’s decision has sparked significant reactions, with many viewing it as a crucial step toward justice and the preservation of traditional authority in Kano State.
