Justice Mohammed Liman granted the order in an Exparte application in Suit No FHC/KN/CS/182/2024 brought by Alhaji Aminu Babba Dan Agundi, the Sarkin Dawaki Babba of the Kano Emirate as plaintiff against the Kano State Government; Kano State House of Assembly; Speaker, Kano State House of Assembly; Attorney General of Kano State; Commissioner of Police, Kano State; Inspector General of Police; Nigeria Security and Civil Defence Corps and the Department of State Services (DSS) as the 1st – 8th defendants.
AFederal High Court sitting in Kano State has barred the Kano State Government from enforcing the Kano State Emirate Council Repeal Law.
Justice Mohammed Liman granted the order in an Exparte application in Suit No FHC/KN/CS/182/2024 brought by Alhaji Aminu Babba Dan Agundi, the Sarkin Dawaki Babba of the Kano Emirate as plaintiff against the Kano State Government; Kano State House of Assembly; Speaker, Kano State House of Assembly; Attorney General of Kano State; Commissioner of Police, Kano State; Inspector General of Police; Nigeria Security and Civil Defence Corps and the Department of State Services (DSS) as the 1st – 8th defendants.
SaharaReporters reported on Thursday that the Kano State House of Assembly, on Thursday, dissolved all the four newly created emirate councils in the state.
This followed deliberations on the floor of the House during plenary. Following the development, Governor Abba Yusuf immediately reappointed Lamido Sanusi as the Emir of Kano.
Sanusi, a former Governor of the Central Bank of Nigeria (CBN) was dethroned four years ago by the then-governor of the state, Umar Ganduje.
However, following the new legislation, Governor Yusuf deposed five emirs appointed by Ganduje and gave them a 48-hour ultimatum to vacate their official residences and palaces.
He also directed them to hand over all affairs to the Commissioner for Local Government and Chieftaincy Affairs.
But the Federal High Court in the Exparte application issued an order stopping the government of Yusuf from taking further steps until the determination of the suit before it. The court ordered that all court processes be served on the IGP in Abuja.
The enrolled court order sighted by SaharaReporters on Friday partly read: “Upon Reading through the Affidavit in Support of Plaintiff’s Motion deposed to by Halimat AbdulGaniyyu, Adult, Female, Muslim, Nigerian Citizen of No. 37, Niger Street/Murtala Mohammed Way, Kano and filed at this Court Registry.
“And After Hearing the submissions of Ibrahim Aliyu Nassarawa, Esq, Learned Counsel for the Plaintiff/Applicant, who moved in terms of the Motion paper.
“And the Court after careful consideration of the application and submissions of Counsel.
“It is hereby ordered as follows:
“That leave is granted to the Plaintiff/Applicant to issue and serve their Concurrent Originating Motion as well as all other court processes on the 6th Defendant in FCT Abuja and outside the jurisdiction of this Honourable Court.
“That an Order of this Honourable Court marking the Plaintiff/ Applicant’s Concurrent Originating Motion as well as all other court processes to be served on the 6th Defendant in FCT Abuja and outside the jurisdiction of this Honourable Court is granted. That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into pending the hearing of the Fundamental Rights application.
“That in view of the Constitutional and Jurisdictional issues apparent on the face of the application, parties shall address the Court on same at the hearing of the Fundamental Rights application which is fixed for the 3rd of June, 2024.
“That in Order to maintain the peace and security of the state, an Interim Injunction of this Honourable Court is granted restraining the 5th Respondents (Commissioner of Police) from enforcing, executing, implementing and operationalizing the Kano State Emirate Council (Repeal) Law,
“That parties are hereby ordered to maintain status quo ante the passage and assent of the bill into pending the hearing of the Fundamental Rights application.
“That this case is adjourned to 3rd day of June, 2024, for hearing of the Fundamental Rights application.”
