A Federal High Court sitting in Kano oñ Thursday,presided over by Justice Abdullahi Muhammad Liman, has fixed June 13 2024,for ruling on the issue of jurisdiction in the case of Kano emirate tussle.
However, Liman adjourned the sitting following a heated argument between counsels.
It will be recalled that the applicant, Aminu Babba Dan Agundi, Sarkin Dawaki Babba of the Kano Emirate had approached the Court seeking his fundamental human rights and that the court should restrain the respondents from enforcing, implementing and operationalizing the repealed law.
According to suit ,the respondents are Kano State Government, Kano State House of Assembly, Speaker, Kano State House of Assembly, Attorney General of Kano State, Kano Commissioner of Police, IGP, NSCDC and DSS.
When the matter resumed for hearing on Thursday, counsel to the applicant, M.S Waziri informed the court that they have filed a written address dated June 6.
He said that “Onthe issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated 6th June and hereby adopt same and maintain that the court has jurisdiction to entertain the matter because the issue is of fundamental human rights,is at stake and so long that it has issue of fundamental human rights.
The Counsel stated that “The
applicant as a member of Kano emirate Kingmakers oath to have been involved in the reinstatement of the new emir.
“My lord, breach of fundamental rights has no timeline. I urge the court to proceed with the case.”
While responding ,the Counsel
to the first and fourth respondents, Mahmoud Abubakar Magaji SAN urged the court to decline the jurisdiction to entertain the matter.
According to him, the law has gone through legislative processes, first, second and third and the order came only after the action was done and his client was only served on a Monday of the following week.
He then urged the court to decline to entertain the matter on the issue of jurisdiction.
He added that ” We filed a written address dated June 3 and filed June 6. In the constitution, only the Kano State House of Assembly has the authority and power to make law.
He however said that ” The applicant is neither a member of the House of Assembly or the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted.”
While on his part, counsel to the second and third respondents, Ibrahim Isah Wangida aligned himself with the submission of the first and fourth respondents,by argued a that the applicant cannot claim his rights was breached as the 2024 law was repealed and accented to before the applicant filed action.
Wangida stated that “The 2019 Kano emirate council law which gave the power to the applicant at the time of filing his action was abolished so he siezed to be a kingmaker as of the time he filed the action because the governor has already accented to the law.”
On their part, counsel to the fifth and sixth respondents, Sunday Ekwe told the court that they did not file any issue bothering on jurisdiction because the duty of the police is to maintain peace and wait to carry out order of the Court.
After listen to both argument,the
Judge however adjourned the case to 13th June for ruling on jurisdiction.