Police refuse to remove Bayero from the palace, defying the governor's command. A true copy of the ruling validates Sanusi's dismissal.
The Federal High Court's ruling on Thursday, which overturned the 2019 Emirate Council law and removed five emirs from office in the state, has sparked controversy and deepened the division between AIG Usaini Gumel, the Kano police commissioner, and state governor Abba Kabir Yusuf.
Governor Abba Yusuf ordered the State's Police Command to remove Alhaji Aminu Ado Bayero, the deposed Emir of Kano, from his new residence, a small palace in the Nasarawa neighborhood of the city. However, AIG Gumel disregarded this order.
The State's Attorney General delivered the governor's directive and Haruna Dederi, the Commissioner of Justice, was released on Thursday evening.
This comes at the same time that the re-intested Emir of Kano, Alhaji Muhammadu Sanusi, was fired, as certified by the Certified True Copy, or CTC, of the Federal High Court's ruling in Kano.
The two sides have been declaring triumph since Justice Muhammadu Liman's ruling on Thursday; however, a copy of the CTC that was provided to news reporters in Abuja reveals that the court invalidated Emir Sanusi's reintestation.
The State House of Assembly's revision to the Emirates law in Kano has caused a situation for the past month or so, which has impacted the installation of Emir Ado Bayero as the Emir of Kano, under the leadership of former governor Abdullah Ganduje, following Sanusi's removal from office as Kano's emir.
The court's decision stated that the previous order, which had directed the parties to preserve the status quo, was still in effect.
Alhaji Aminu Babba Dangundi, the plaintiff, had brought the Kano State government, the Kano State House of Assembly, the Speaker, the Attorney General of Kano State, the Commissioner of Police for Kano State, the Inspector General of Police, the Nigeria Security and Civil Defense Corps, and the Department of State Security to court in suit number No. FHC/KN/CS/ 1382/2024.
The plaintiff requested an order declaring the Kano State Emirate Council (Repeal) Law, 2024, as unconstitutional, citing the actions of the second and third defendants in its passage contrary to this Honorable Court's directive.
In addition, he asked the court to declare, in violation of the ruling made on May 23, 2024, that the appointment of Maliam Sanusi Lamido Sanusl as the 16th Emir of Kano State Emirate by the First and Fourth Defendants was null and void in accordance with the 23rd Kano State Emirate Council (Repeal) Law, 2024.
Judge Lima declared, "That every action taken by the Defendants in pursuance of the Kano State Emirate Council (Repeal) Law, 2024 are hereby annulled and set aside" after hearing arguments on both sides of the case.
That being said, the KANO STATE EMIRATE COUNCIL (Repeal) LAW, 2024 remains valid despite this ruling is the topic of the significant outcome.
"That the earlier order still stands, directing the parties to maintain the status quo ente."
Speaking with LEADERSHIP Weekend, a number of the nation's top attorneys urged both sides to make sure the court's ruling is upheld.
They informed our correspondent that in any contested topic, the court still has the last say.
According to Mr. Abdul Balogun, a Senior Advocate of Nigeria, the ruling is enforceable by the court unless it is overturned by a higher court. "At this time, it cannot be altered," he stated.
"The court's decision must be respected until it is set aside," he asserts. As things are, the court's stance on the issue is still as the last arbiter in a disagreement.
The sole recourse available to any party who is unhappy with the ruling in the Emirates Tussle case is to file a request for its reversal with a higher court.
A different attorney, constitutionalist Barrister Ohi Eyare, urged stakeholders in the contentious traditional stool to uphold the rule of law, saying that the state cannot be driven into anarchy.
No one is above the law, in his opinion, not even politicians who have turned established institutions into political platforms.
"We always have to respect the law. The reinstated Emir is required by the court to leave the palace unless the ruling is overturned by a higher court.
Kano is not a small state. Furthermore, it should not be confused because it is volatile as well. It is the responsibility of law enforcement to make sure that the law and order are upheld. Until it is overturned, the court's decision in this case need to be regarded, he stated.
In addition, Barrister Damian Ifeanacha urged the parties involved in the conflict to summon their supporters to order.
He claims that camps are already split and will become even more so after the verdict, which is why rival groups ought to summon their supporters to order.
"Allowing anarchy in Kano is risky since it doesn't always work out nicely. The losing party's only remaining alternative is to file an appeal of the ruling and use little resources to assist oneself.”
Cops Disobey Governor Kano's Order
AIG Gumel clarified over the phone that it would be premature to follow the eviction order because the government has already filed a petition at the State High Court, with a hearing set for Monday, June 24, 2024. He emphasized that while the court case was still pending, carrying out the eviction order would be equivalent to "jumping the gun."
Because the government has filed a case at the State High Court against the eviction order, which is scheduled to hear on Monday, June 24, 2024, the police will not be evicting Aminu Ado Bayero. Thus, it would be as though we are preempting the court if we implement the ruling because we don't be aware of the proceedings at the court," Gumel said.
The Nasarawa small palace is now more heavily guarded, with more people stationed nearby. Security personnel have blocked the main entrances to the palace. Bayero stays in the miniature palace with his bodyguards and backers in contravention of the governor's orders.
As the struggle for control of the Kano throne between the State administration and the ousted emir intensifies, tensions in Kano State have increased due to the police's unwillingness to remove Bayero.
The State Police will defy the governor's order for the second time today. Remember that approximately four weeks prior, Governor Yusuf had given the Police orders to detain Bayero for attempting to enter Kano City after his overthrow; however, Police Command disregarded the directive.
The Kano State administration, which is the principal security officer of the State and an elected official, has taken offense at this development, alleging that the Police are siding with outsiders and following orders.
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