Federal High Court declares Kano Emirates (Repeal) Law 2024 valid but voids Governor’s action – Justice Liman

*Acknowledges Kano govt was not served court order at time of Sanusi’s reinstatement but…

*Reactions and issues ahead of ruling

By OUR REPORTER, Kano

Mr. Liman underscored the impropriety of the governor’s disregard for information concerning the directive disseminated through social media channels.

A Federal High Court sitting in Kano has decreed that the Kano Emirates Council (Repeal) Law of 2024, which annulled the five Emirates within the state, stands as a valid statute.

The court, however, turned around to also say that all measures initiated by the Governor of Kano State, Alhaji Abba Kabir Yusuf, enforcing the same law were null and void.

In a pronouncement made on Thursday June 20, 2024, tge presiding judge, Justice Abdullahi Liman, stipulated that even though Governor Yusuf had not been officially served the directive (order) of his court at the time of reinstating Alhaji Muhammadu Sanusi II as the Emir of Kano, the governor had attested to his awareness of the said directive.

Mr. Liman underscored the impropriety of the governor’s disregard for information concerning the directive disseminated through social media channels.

The Defendants, while acknowledging that they had not been formally served, were cognizant of the directive through social media platforms.

The repudiation of social media as a medium for information sharing is deemed erroneous.

The court stands prepared to annul any actions taken in defiance of its directives.

By opting for subjective and arbitrary decisions, the defendants have found themselves entangled in difficulties.

Every action undertaken by the defendant in implementing the law is rescinded, although this ruling does not extend to the law’s validity itself.

“In consideration of the matter at hand, the law retains its legal status, but all activities conducted in furtherance of the law are invalidated,” pronounced the judge.

Consequently, he referred the case to his federal high court counterpart, Justice Simon Amobeda, further adjudication.

Reactions and issues ahead of ruling

Reactions to Thursday’s judgement indicated that the Federal High Court’s inability to stop the Kano Emirates (Repeal) Law of 2024 was possibly in a bid to play safe having been made clear to it by Mr. Femi Falana (SAN) that Federal High Court and National Industrial Court have no jurisdiction determining chieftaincy matters.

Also, ahead of this ruling of Justice Abdullahi Liman of the Federal High Court in Kano, on a motion filed by Aminu Babba Danagundi, the Sarkin Dawaki Babba, challenging the legality of the Kano Emirates (Repeal) Law of 2024, the Kano State House of Assembly had asked the Court of Appeal sitting in Kano to stay further proceedings at the Federal High Court pending the hearing of the appeal before the appellate court.

It was gathered that the call came as All Progressives Congress (APC) described as disappointing and insensitive, comments credited to the Presidential Candidate of New Nigeria People’s Party (NNPP) in the 2023 election, Senator Rabi’u Musa Kwankwaso, that the ruling party was trying to take Kano State through the backdoor by declaring a State of Emergency.

Justice Liman had scheduled ruling on the legality of the Kano Emirates (Repeal) Law of 2024 for Thursday June 20, 2024, just after he dismissed an application for a stay of proceedings by Eyitayo Fatogun, representing the Kano State House of Assembly.

Dissatisfied, Kano State House of Assembly, in Appeal No: CA/KN/ /26/2024 filed by its lawyer, Fatogun, prayed for an order of injunction restraining the respondents, their privies, servants or any other person or authority, deriving power, authority, rights or privileges from any of the respondents particularly the first, fourth, fifth, sixth, and seventh respondents from enforcing or attempting to further enforce the repealed Kano State Emirates Council Law of 2019, a law which was no longer extant, pending the hearing and determination of the appeal before the Court of Appeal.

The appellant also prayed the court to stay execution of all orders, particularly the ex-parte order granted on May 23, 2024 by the lower court pending the hearing and determination of the appeal presently before the court.

The respondents are Alhaji Aminu Babba Danagundi; Kano State Government; Attorney General of Kano State; Commissioner of Police, Kano State; Inspector General of Police; Nigeria Security and Civil Defence Corps; and Department of State Services.

In its motion on notice brought pursuant to Sections 6 and 36 of the 1999 Constitution, Order 7 Rule 1 of the Court of Appeal Rules and under inherent jurisdiction of the court, the appellant prayed the court to take over the entire proceedings, alleging that there were conflicting orders of the Kano State High Court and the Federal High Court on same subject matter.

In its application for an urgent date, the appellant stated that the Federal High Court in Kano on or about June 13, 2024, had delivered its ruling in a suit filed for the enforcement of the fundamental rights of a king maker as it related to the Kano State Emirate Council (Repeal) Law of 2024 made by the House of Assembly of Kano State and duly assented by the executive governor of Kano State.

In the said ruling, the court in its wisdom, held that it had jurisdiction in a chieftaincy matter, and subsequently adjourned to June 14, 2024, for the hearing of the several applications filed by the applicant, particularly the application seeking to nullify the Kano State Emirate Council (repeal) Law 2024.

The appellant further stated, “On the 13th day of June 2024, we immediately attempted to file our Notice of Appeal but were denied the opportunity by the Registry of the Federal High Court in Kano on the grounds that it was well after 2pm and they would not take processes anymore.

“Of great interest is that the registry continued to take processes for filing in other matters, which were not related to the above mentioned suit.

“We, therefore, filed the notice of appeal at the Court of Appeal Registry and filed alongside an application for departure from the rules.

“On the 14th of June 2024, the Registry of the Federal High Court did not open till 9am due to hostility and fear of collecting processes from us for filing. We also applied for the ruling of the 13th day of June 2024, assuming jurisdiction, but as suspected, the ruling is not yet ready.

“We compiled records with the documents we were served, though uncertified but largely the documents filed by the plaintiff at the lower court and were given an appeal number as indicated above. We certainly would compile supplementary records shortly upon receipt of the proceedings and ruling.

“We consequently filed a motion for stay of proceedings or further proceedings before His Lordship.

“It may be of interest that your Lordship be informed that all these issues were brought to the attention of His Lordship. Hon Justice A. M Liman but in a short ruling today refused an application for stay of proceedings, despite becoming aware of the motion pending in the Court of Appeal.”

The appellant submitted that an appeal shall be deemed to have been entered in the court when the record of proceedings in the court below had been received in the Registry of the court.

He stated, “Where there is an application before a higher court for a stay of further proceedings in the lower court, a decision by the lower court, which will render the result of such application nugatory, should be avoided.

“This unfortunate attitude in disregarding the process of the Court of Appeal bothers on judicial impertinence. it is an affront on the authority of the Court of Appeal. All the courts established under the constitution derive their powers and ‘authority’ from the constitution.

“His lordship went ahead to hear an interlocutory application seeking to nullify the Kano State Emirate Council (repeal) Law 2024, which is the subject matter of the suit before My Lord.

“All entreaties, including learned silk, Eyitayo Fatogun SAN’s recusing himself and applying that the matter be adjourned so that the parties he was representing could get other legal representation, fell on deaf ears as his lordship went ahead with the hearing of the motion.

“The effect of the grant of the motion heard by my lord, of the Federal High Court, when His Lordship delivers ruling on Thursday, the 20th of June 2024, is that the Emirate Council law as it is in force in Kano may be nullified, and the present Emir of Kano, HRM, Lamido Sanusi, may be removed from his palace as the police have hinted on carrying out the orders of the Federal High Court.”

They argued that the Federal High Court had determined the entire appeal based on jurisdiction as the court had continued to assume jurisdiction.

The appellant further averred, “It would set a bad precedent of lower courts choosing not to respect the decisions or proceedings of the higher court

“The Federal High Court with its disposition might grant the orders prayed for and cause that the five emirates and their emirs, some of whom have left the state for peace to reign would then have to return, causing chaos and uprising in the state.

“The loss of lives, which might be occasioned by the ruling, may be rather too much, as the peace in the state may be breached.

“It is in the interest of justice that the Court of Appeal takes over the entire proceedings as there are conflicting orders of the Kano State High Court and Federal High Court on the same subject matter.”