July 21, 2024

The Federal High Court in Kano, presided over by Justice Simon Amobeda, on Friday deferred its judgement on the fundamental human rights case filed by Aminu Ado Bayero, the 15th Emir of Kano.

The decision came after intense debates between the prosecution and defense lawyers.

Mahmood Magaji, representing the second respondent, submitted a preliminary objection on May 30th, which was formally filed on May 31st. This objection, based on four key points, challenges Bayero’s claims related to his fundamental rights and the now-repealed Kano Emirate law.

“Our response includes a 21-paragraph counter affidavit from Abdullahi Garko and a legal argument dated May 31st,” Magaji stated.

Magaji requested the court to dismiss the original summons, arguing, “Being an Emir is a privilege, not a right.”

He pointed out that Bayero had accepted his removal but claimed it was done without a fair hearing. Magaji urged the court to disregard Bayero’s application and dismiss the original summons.

Additionally, Magaji filed a motion to overturn an earlier ex parte order preventing the arrest of the dethroned Emir.

On the other hand, Michael Numa, SAN, representing Bayero, argued that the court has the authority to hear the case as it pertains to Bayero’s fundamental rights.

Numa appealed to the court to consider the human rights lawsuit in the interest of justice and the state’s peace.

This legal battle follows the Kano State government’s recent abolition of the five Emirates within the state, resulting in the dethronement of Aminu Ado Bayero and four other first-class Emirs, as part of the repeal of the Kano Emirate Law.

 

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