In a dramatic turn of events, Justice S. A. Amobeda of the Federal High Court sitting in Kano has issued an order for the eviction of the reinstated Emir of Kano, Muhammadu Sanusi II, from the Emir’s Palace.
The court also directed the police to ensure that all rights and privileges due to the 15th Fulani Emir of Kano, Aminu Bayero, are upheld. This decision comes amid a conflicting order from another court in the state, which restrains the police, State Security Service, and the Nigerian Army from evicting, harassing, or arresting Emir Sanusi.
Justice Amobeda’s ex parte order, given in favor of Bayero on Tuesday, emphasized the need for the ruling for the maintenance of peace and justice in Kano State. The order specifically restrains any infringement on Bayero’s rights and mandates the protection of his official residence and privileges as the Emir of Kano.
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The court stated: “AN ORDER of interim injunction restraining the Respondents either by themselves, their agents, servants, privies or any other person or authority from inviting, arresting, detaining, threatening, intimidating, harassing the Applicant, raiding, tampering with or visiting the Applicant’s premises in order to arrest or infringe on his rights or in any other way infringe or attempt to infringe the Applicant’s rights pending the hearing and determination of the Originating Motion.
“AN ORDER restraining the 3rd, 4th, and 5th Respondents and all other Respondents from denying the applicant the use of his official residence and palace at the Emir’s Palace, Kofar Kudu, as well as enjoyment of all rights and privileges accrued to him by virtue of being Emir of Kano State and to evicting anything or anybody residing within the palace illegally pending the hearing and the determination of the originating summons.”
Conflicting Orders from State and Federal Courts
In contrast, Justice Amina Aliyu of the Kano State High Court had earlier issued an interim injunction preventing security agencies from harassing or invading the personal or official residence of Muhammadu Sanusi II. This injunction, granted upon hearing an ex parte application from Sanusi’s counsel, also restrains the confiscation of traditional symbols of authority and maintains the status quo pending further hearings.
The order from Justice Aliyu reads: “That an order of Interim injunction is hereby granted restraining the Respondents either by themselves, their agents, privies, representatives, and assigns from further harassing, intimidating, inviting, arresting, and or invading the personal or official residence of the Applicants (Gidan Rumfa), his servants and or any of the Kano Emirate kingmakers from doing such acts that would be capable of interfering with the Applicants’ rights generally in relation to this suit pending the hearing and determination of the motion on notice.
“That an order of Interim injunction is hereby granted restraining the Respondents from attempting to hijack, pick, commandeer, or confiscate any of the twin spears of authority, the Royal Hat of Dabo, the ostrich-feathered shoes, the knife, and sword of the Emir of Kano as well as symbols of authority pending the hearing and determination of the motion on notice.”
Legal Implications and Jurisdictional Challenges
The conflicting orders highlight a significant legal conundrum, as both the Federal High Court and State High Court are courts of coordinate jurisdiction. Legal experts point out that neither court holds superiority over the other, making both orders valid until potentially set aside by a superior court, such as the Court of Appeal.
However, lawyers explain that in this context, disputes over chieftaincy, such as the current issue, traditionally fall within the jurisdiction of the State High Court. Therefore, the Federal High Court’s order may face challenges regarding its jurisdiction over the matter, as it typically lacks authority in chieftaincy disputes, even when fundamental rights are allegedly breached.
Backstory of the Legal Tussle
The legal tussle between Muhammadu Sanusi II and Aminu Bayero stems from a series of events dating back to March 2020, when Sanusi was deposed as Emir of Kano by the Kano State government under Governor Abdullahi Ganduje. Sanusi’s removal was controversial, with allegations of political motivations and claims that his outspoken nature on issues of governance and corruption made him a target.
Following his removal, Aminu Bayero, son of the late Emir Ado Bayero, was installed as the new Emir of Kano. Sanusi challenged his removal in court, and in December 2022, a Federal High Court in Abuja reinstated him, declaring his deposition illegal and ordering his immediate restoration as Emir.
The Federal High Court has adjourned the case to June 4th for further hearings, while the State High Court has scheduled its next hearing for June 13th. As the legal battle unfolds, the Kano Emirship tussle continues to evoke strong emotions and political implications within and beyond Kano State.
The resolution of this dispute will likely have lasting implications for the administration of justice and the governance of traditional institutions in Nigeria. As both courts maintain their conflicting orders, the case is expected to ultimately require adjudication by a higher court to bring clarity and resolution to the matter.