THE Federal High Court in Kano has reserved judgment in the suit instituted by the 15th Emir of Kano, Alhaji Aminu Ado Bayero, over alleged violation of his fundamental human rights.
Bayero, who was dethroned by Governor Abba Yusuf, had filed a motion exparte seeking the court’s order to restrain the respondents from arresting or infringing on his rights.
The respondents in the suit include the Attorney General of the Federation (AGF, as 1st respondent); Attorney General of Kano State (2nd); Nigeria Police Force (NPF, 3rd), Inspector General of Police (IGP, 4th); Kano State Commissioner of Police (5th); Department of State Service (DSS, 6th); Nigerian Security and Civil Defence Corps (NSCDC, 7th); Nigerian Army (NA, 8th); Nigerian Air Force (NAF, 9th) and Nigerian Navy (NN, 10th) respondents, respectively.
When the case came up for hearing, Counsel to the 2nd respondent, Mahmoud Magaji (SAN), told the court that he had filed a preliminary objection, dated May 30 and filed on May 31, on four grounds bothering on the applicant’s fundamental human rights.
He observed: “We filed our 21-paragraph counter-affidavit deposed by Abdullahi Garko, and written address, dated May 31, on point of law.
“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 retraining the respondents from arresting, intimidating or harassing him.
But Counsel to the applicant, Michael Numa (SAN), argued that the court has jurisdiction to entertain the matter, as it borders on the fundamental rights of the applicant.
He also filed an originating motion, dated May 27, supported with an affidavit and a written address, urging the court to accept the fundamental rights suit in the interest of justice for the peace of Kano and Nigeria.
He also urged the court to dismiss the preliminary objection of the respondents, which he said was unmerited.
After listening to the arguments, Justice Simon Amobeda said a date to deliver judgment would be communicated to the parties.
