*Awards N10m damages against state
*Set to rule on motion seeking nullification of Kano emirates law June 20
Chigozie Amadi
A Federal High Court sitting in Kano has fined the Kano State Government N10 million for breaching the 15th Emir of Kano, Aminu Bayero’s fundamental human rights.
Equally, the court has fixed June 20th 2024, to rule on a motion filed by the Counsel of Aminu Babba Dan’agundi, seeking nullification of the Kano emirates council (repeal) law 2024.
In the case with suit number FHC/KN/CS/190/2024, in which the deposed Emir Bayero is the applicants, the 10 respondents in the case include the Attorney General of the Federation, Attorney General of Kano State, Nigeria Police Force, Inspector General of Police, Commissioner of Police, Kano state and Department of State Services.
Delivering judgment yesterday, in the case instituted by Bayero seeking for the enforcement of his fundamental human rights, the trial judge, Justice Simon Amobeda, described the order given by Governor Abba Yusuf, for Bayero’s arrest as unlawful.
The court ruled that the act of the Kano State Governor ordering the police to arrest the 15th Emir of Kano “is a threatened breach of his fundamental right to liberty”, citing section 35(1) of the Constitution of the Federal Republic of Nigeria.
“That the act of the Governor of Kano State in directing the police to arrest the applicant without any lawful justification, which directive has forced the applicant into house arrest, preventing him from going freely about his lawful business, constitute a flagrant violation of his fundamental right to freedom of movement as guaranteed under section 41(1) of the constitution of the federal republic of Nigeria” part of the certified copy of the judgement states.
“That the 2nd respondent and the government of Kano state shall pay to the applicant the sum of N10,000,000:00 (ten million naira) only for the breach and likely breach of the applicant’s fundamental rights to personal liberty and freedom of movement guaranteed under the constitution of the federal republic of Nigeria” part of the certified copy of the judgement states.
“The prayer for the cost of filing and prosecuting this suit is refused, the amount having not been specifically pleaded and strictly proved.” Justice Amobeda ordered.
However, the court restrained the respondents from arresting, detaining or harassing the deposed Emir Aminu Bayero, or further interfering with his fundamental human rights.
“That the 2nd, 3rd, 4th and 5th Respondents are either by themselves, their agents, servants, privies, or any other person or authority forthwith restrained from arresting, detaining, threatening, intimidating, harassing the Applicant or further interfering with the Applicant’s fundamental rights,” it added.
Meanwhile, a Federal High Court sitting in Kano has fixed June 20th 2024, to rule on a motion filed by the Counsel of Aminu Babba Dan’agundi, seeking nullification of the Kano emirates council (repeal) law 2024.
Danagundi’s Counsel Chikaosolu Ojukwu, moved the motion after the court refused an application for stay of proceedings orally moved by counsel for Kano state House of Assembly and its speaker, Eyitayo Fatogun.
Fatogun, drew the attention of the Court that his client’s dissatisfaction with the ruling of the court on Thursday, in assuming jurisdiction in the matter.
He said they have already filed a notice of appeal at the Court of Appeal and motion on stay of execution, urging the judge to adjourn in view of the processes filed pending hearing and determination of his application at the court of appeal.
Counsel to the Attorney General of Kano State and the state government A.G Wakil aligned himself with Fatogun’s position.
The trial Judge, Justice Abdullahi Liman, held that the court would continue with the case pending application adding that, there was no formal stay of proceedings application before the court.
The applicant’s counsel countered saying the authorities cited by defense were not judicial decisions but rules of court.
Justice Liman, ruled that from the acknowledged receipt letter of the defence counsel it was clear that no date is fixed and there is no evidence that the appeal has been entered.
When the plaintiff’s counsel rose to move his motion seeking a declaration of the conduct of the dependants as null and void, Counsel for the Assembly applied to be recused from the matter asking for adjournment to enable his clients find another lawyer. He argued that he cannot defend the interest of clients who have the fundamental rights to be heard and to proceed is do deny them their right.
Justice Liman held that the conduct of the lawyer amounted to abuse of court process. While noting that he intends to abandon the procedural rule,the judge said the sacred duty of courts is do serve justice to all manner of people.
Counsel for Kano Government, AG Wakil, opposed the plaintiff’s application having filed his application for stay of proceedings arguing that if granted the substantive case is over.
The plaintiff’s lawyer then withdrew his application to amend his originating motion dated 31/024 which the judge struck out and adjourned to Thursday, June 20th, for ruling on the motion seeking the court declaration that the Kano emirates council repeal law 2023 is null and void.
