Kano Chieftaincy: Court reserves judgement on fundamental Rights of Deposed Bayero
By Salihu Ali, Kano
The deposed Emir of Kano, Aminu Ado Bayero, will soon hear the court’s decision on the case he filed concerning his fundamental rights.
A Federal High Court sitting in Kano reserved date for the judgement on the suit instituted by the 15th Emir of Kano, Aminu Ado Bayero.
The presiding judge, Justice Simon Amobeda reserved the date for the judgment following arguments of counsels.
The applicant, Aminu Ado Bayero filed a motion exparte seeking the court to restrain the respondents from arresting or infringing on his rights.
The respondents in the suit are the Attorney General of the Federation as 1st respondent, Attorney General of Kano State (2nd), Nigeria Police Force (3rd), IGP (4th), Commissioner of Police in Kano (5th), DSS (6th), NSCDC (7th), Nigerian Army (8th), Nigerian Airforce and Nigerian Navy as 9th and 10th respondents respectively.
At a resumed hearing on Friday, counsel to the 2nd respondent, Mahmoud Magaji SAN told the court that, he filed a preliminary objection dated May 30th and filed May 31st on four grounds bothering on Beyero’s fundamental human rights and the Kano emirate repealed law.
“We filed our 21 paragraph counter affidavit deposed by Abdullahi Garko and written address dated May 31st on point of law.”
Magaji urged the court to dismiss and strike out the originating summon.
He told the court that “being an emir is a privilege not a right. The applicant filed his application five days after he was removed. At the time of filing, he is no longer an emir. And if that was established, he has no rights. We submit that the purported right does not exist.
“The applicant has agreed that he was removed but without fair hearing. I urge your lordship to refuse to hear their application. I urge the court to discountenance the originating summon.”
Magaji also filed a motion on notice to set aside the exparte order earlier granted by the court restraining them from arresting, intimidating or harassing him.
The counsel to the applicant, Michael Numa SAN argued that the court has jurisdiction to entertain the matter as it bothers on the fundamental rights of the applicant.
He also filed an originating motion dated May 27 supported with affidavit and a written address. He urged the court to accept the fundamental rights suit in the interest of justice for the peace of Kano state and Nigeria.
He urged the court to dismiss the preliminary objection of the respondents which he adjudge as unmerited.
After listening to their arguments, the Presiding judge, Justice Amobeda told them that, a date for judgement on the fundamental Rights of Beyero will be communicated to the parties.
