The Kano State High Court has issued a perpetual restraining order against Emir of Kano Aminu Ado-Bayero and the emirs of Rano, Gaya, Bichi, and Karaye, preventing them from parading themselves as emirs.
The case was initiated by the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly, seeking to restrain Aminu Ado-Bayero and the four other dethroned emirs. The motion ex-parte was filed on May 27 by their counsel, Ibrahim Isah-Wangida Esq.
In her judgment, Justice Amina Adamu-Aliyu affirmed the legislative powers of the Kano State House of Assembly.
“The Kano State House of Assembly has the power to amend and propose a bill for the peace and good governance of the state pursuant to section 4 rule 6,7(b) of the 1999 Constitution as amended,” she stated.
Justice Adamu-Aliyu emphasized the authority of the state governor to assent to such bills, thereby making them law after passage by the assembly.
“The Kano State Governor has the right to assent to the proposed bill into law after being passed by the state assembly,” Justice Amina said.
The court ordered Emir Ado-Bayero and the four other emirs to refrain from parading themselves as emirs and to surrender all movable and immovable properties belonging to the Kano State Emirate Council to the state government.
In her ruling, Justice Amina criticised the conduct of the police and other security agencies involved in the case.
She stated, “The act of the 6th to 9th respondents for smuggling the first respondent to Kano after the enactment of the Emirate Repeal Law 2024 shows a disregard for what they have sworn to protect – the protection of life and property.”
Counsel for the applicants, Ibrahim Isa-Wangida, urged the court to reject the respondents’ affidavit of facts.
“We ask the court to discountenance the respondents’ affidavit of facts pursuant to order 39 rule 1 and 2 of the Court,” he argued.
Meanwhile, counsel to Emir Ado-Bayero, Abdul Muhammed (SAN), informed the court of their intention to appeal the decision.
“We have an affidavit of fact dated July 3, 2024, attached with a notice of appeal and a motion for stay of proceedings,” he stated, urging the court to stay proceedings pending the appeal.
Counsel to the 3rd, 4th, and 5th respondents, Hassan Tanko-Kyaure, argued against the repeal law, citing procedural lapses.
“Due process was not followed in enacting the Kano State Emirates Council (Repeal) law 2024,” he contended, urging the court to dismiss the applicant’s application with a cost of N1 billion.
The ruling has significant implications for the traditional leadership structure in Kano State, setting a precedent for the enforcement of legislative and executive actions in the governance of emirates.