The Federal High Court in Kano has delayed its ruling on the jurisdiction in the ongoing legal dispute concerning the Kano emirate. The highly anticipated case will see its next significant development on June 13, as announced by Justice Abdullahi Muhammad Liman during Thursday’s session.
The legal battle originates from a petition filed by Aminu Babba Dan Agundi, known as the Sarkin Dawaki Babba of the Kano Emirate. Dan Agundi is challenging actions taken by various state entities and security agencies, including the Kano State Government, the Kano State House of Assembly, and law enforcement authorities, regarding the implementation of a repealed law affecting the governance of the Kano Emirate.
Thursday’s proceedings were marked by heated exchanges between the representatives of both sides, highlighting the high stakes involved. M.S Waziri, counsel for the applicant, revealed that a written address was submitted on June 6, seeking judicial intervention to halt the enforcement of the contentious state actions.
The respondents in this significant legal confrontation include the Kano State Government, the Speaker of the Kano State House of Assembly, the state’s Attorney General, the Kano Commissioner of Police, the Inspector General of Police (IGP), the Nigeria Security and Civil Defence Corps (NSCDC), and the Department of State Services (DSS).
“On the issue of jurisdiction, in compliance with the order of the court, we have filed a written address dated 6th June and hereby adopt same and maintain that the court has jurisdiction to entertain the matter because the issue is of fundamental human rights,” Waziri stated. “The applicant as a member of Kano emirate Kingmakers ought to have been involved in the reinstatement of the new emir. My lord, breach of fundamental rights has no timeline. I urge the court to proceed with the case.”
Mahmoud Abubakar Magaji (SAN), counsel for the first and fourth respondents, argued against the court’s jurisdiction. He claimed the law had undergone legislative processes, and the order came only after the action was taken. His client was served the following Monday.
“We filed a written address dated June 3 and filed June 6. In the constitution, only the Kano State House of Assembly has the authority and power to make law,” Magaji said. “The applicant is neither a member of the House of Assembly or the Commissioner for Chieftaincy Affairs. The applicant may not need to be consulted.”
Ibrahim Isah Wangida, representing the second and third respondents, supported Magaji’s submission, asserting that the applicant’s rights were not breached since the 2024 law was repealed and enacted before the applicant filed the action.
“The 2019 Kano emirate council law, which gave the power to the applicant at the time of filing his action, was abolished, so he ceased to be a kingmaker as of the time he filed the action because the governor has already accented to the law,” Wangida argued.
Sunday Ekwe, representing the fifth and sixth respondents, indicated they did not file any issue concerning jurisdiction, emphasizing that the police’s role is to maintain peace and follow court orders.
Justice Liman adjourned the case to June 13 for a ruling on jurisdiction.
