Breach of rights: Federal Court orders Kano Govt. to pay deposed Emir Bayero N10m

A Federal High Court has ordered the Kano State Government to pay N10 million as damages to the 15th Emir of Kano, Alhaji Aminu Ado-Bayero, for breaching his fundamental rights.

Justice Simon Amobeda, in his judgment, described the order given by Gov. Abba Kabir-Yusuf, directing the police to arrest the 15 Emir, without any lawful justification, as a threat to the fundamental rights of the applicant.

Persecondnews recalls that Ado-Bayero, through his counsel, Mr. M. L. Yusufari (SAN) had filed a motion ex parte dated May 27, seeking the court to restrain the state government from arresting, intimidating, or infringing on his rights.

The other respondents are the Attorney General of the Federation, Attorney General Kano, Nigeria Police, Inspector General of Police, Commissioner of Police Kano, State Security Service, NSCDC, Nigeria Army, Nigerian Navy, and Nigerian Air Force.

The judge held that Section 35(1) of the 1999 Constitution (as amended) guarantees this.

“The act of the governor has forced the applicant into house arrest, preventing him from going freely about his lawful business, constitutes a flagrant violation of his fundamental right to freedom of movement as guaranteed under Section 41(1) of the 1999 Constitution,” he held.

He restrained the 2nd, 3rd, 4th, and 5th respondents either by themselves, their agents, servants, privies, or any other person from arresting, detaining, threatening, intimidating, and harassing the applicant or further interfering with the applicant’s fundamental rights.

“The prayer for the cost of filing and prosecuting this suit is refused, the amount having not been specifically pleaded and strictly proved,” Amobeda said.

Earlier, the second counsel to the applicant, Mr. Michael Jonathan (SAN), stated that the court had jurisdiction to entertain and hear the case because it is a fundamental rights suit.

Jonathan urged the court to dismiss the respondent’s preliminary objection for being unmeritorious and abusive to the court.

Mr. Mahmoud Abubakar-Magaji, SAN, who works is counsel to the Kano State Attorney-General, asked the court to throw out the whole case, especially the motion to dismiss the Kano Emirate Council (Repeal) Law 2024 and basic rights.

He argued that the court has no jurisdiction to entertain the case and urged it to set aside the ex parte order it earlier granted, retraining the respondents from arresting, intimidating, or harassing the applicant.

Persecondnews also recalls that on May 23, the State House of Assembly dissolved all four newly created Emirate councils in the state.

On May 23, four years after former Gov. Abdullahi Ganduje dethroned Ado-Bayero, Gov. Kabir-Yusuf reappointed Sanusi II as the Emir of Kano.