A Federal High Court in Kano has postponed the ruling on jurisdiction in the ongoing legal battle concerning the Kano emirate dispute.
The case, which has captured widespread public interest, will see its next significant development on June 13, as confirmed by Justice Abdullahi Muhammad Liman during Thursday’s session.
The legal contest stems from a petition filed by Aminu Babba Dan Agundi, known as the Sarkin Dawaki Babba of the Kano Emirate.
The applicant is challenging the actions of 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State Government, the Kano State House of Assembly, and law enforcement authorities, regarding the implementation of a repealed law that impacts the governance of the Kano Emirate.
During Thursday’s proceedings, heated exchanges were noted between the representatives of both sides, reflecting the case’s high stakes. M.S Waziri, the counsel for the applicant, indicated that a written address had been 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.
“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.”
Responding, counsel for the first and fourth respondents, Mahmoud Abubakar Magaji (SAN), urged the court to decline the jurisdiction to entertain the matter.
He argued that the law had gone through legislative processes, the order came only after the action was taken, and his client was only served on Monday of the following week.
He therefore urged the court to decline to entertain the matter on the issue of jurisdiction.
“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.
“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,” he said.
On his part, counsel for the second and third respondents, Ibrahim Isah Wangida, aligned himself with the submission of the first and second respondents, arguing that the applicant cannot claim his right was breached as the 2024 law was repealed and accented to before the applicant filed 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 seized to be a kingmaker as of the time he filed the action because the governor has already accented to the law.”
For their part, counsel for the fifth and sixth respondents, Sunday Ekwe, told the court that they did not file any issue bordering on jurisdiction because the police’s duty is to maintain peace and wait to carry out the court’s order.
The judge adjourned the case to June 13 for ruling on jurisdiction.