The Kano Division of the Federal High Court, on Friday, ordered the state government to pay N10 million in damages to the 15th Emir of Kano, Aminu Ado-Bayero, for breaching his fundamental human rights.
Mr Ado-Bayero, through his counsel M L Yusufari (SAN), filed a motion exparte 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.
Delivering judgment, Justice Simon Amobeda described Governor Abba Kabir-Yusuf’s order directing the police to arrest the 15th emir without any lawful justification as threatening the applicant’s fundamental rights.
The judge held this is guaranteed under section 35(1) of the 1999 Constitution (as altered).
“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 second, third, fourth and fifth 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,” Mr Amobeda said.
The second counsel to the applicant, Michael Jonathan (SAN), said the court had jurisdiction to entertain and hear the case as it is a fundamental rights suit.
Mr Jonathan urged the court to dismiss the respondent’s preliminary objection for being unmeritorious and abusive to the court.
Counsel to the Kano State Attorney-General, Mahmoud Abubakar-Magaji (SAN), urged the court to dismiss and strike out the entire process, particularly the originating summons of the applicant motion on Kano Emirate Council (Repeal) Law 2024 and fundamental rights.
He argued that the court has no jurisdiction to entertain the case and urged the court to set aside the exparte order it earlier granted, restraining the respondents from arresting, intimidating or harassing the applicant.
On May 23, the State House of Assembly dissolved all the newly created emirate councils in the state.
On May 23, the state governor dethroned Mr Ado-Bayero and reappointed Sanusi II as the Emir of Kano four years after former Governor Abdullahi Ganduje dethroned him.
(NAN)