The ruling, delivered by Justice Amina Aliyu on Monday, July 15, also bars four other deposed emirs from presenting themselves as the Emirs of Bichi, Rano, Karaye, and Gaya.
The case was brought by the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly.
They sought to prevent Aminu Ado Bayero and the four other dethroned emirs from continuing in their roles. The motion was filed on May 27 by their lawyer, Ibrahim Isah-Wangida.
In her judgment, Justice Amina Aliyu affirmed the legislative powers of the Kano State House of Assembly to propose and amend bills for the state’s peace and good governance.
The judge stated that the state governor has the authority to sign these bills into law after they are passed by the assembly.
“The Kano State House of Assembly has the power to amend and propose a bill for the peace and good governance of the state pursuant to section 4 rule 6,7(b) of the 1999 Constitution as amended.
“The Kano State Governor has the right to assent to the proposed bill into law after being passed by the state assembly,” Justice Amina said.
The court ordered Emir Ado Bayero and the other four emirs to stop presenting themselves as emirs and to hand over all properties belonging to the Kano State Emirate Council to the state government.
Justice Amina criticized the actions of the police and other security agencies involved in the case, saying they had shown disregard for their duty to protect life and property.
She stated, “The act of the 6th to 9th respondents for smuggling the first respondent to Kano after the enactment of the Emirate Repeal Law 2024 shows a disregard for what they have sworn to protect – the protection of life and property.”
The lawyer for the applicants, Ibrahim Isah-Wangida, asked the court to reject the respondents’ affidavit of facts.
“We ask the court to discountenance the respondents’ affidavit of facts pursuant to order 39 rule 1 and 2 of the Court,” he argued.
On the other hand, the lawyer for Emir Ado Bayero, Abdul Muhammed (SAN), informed the court of their intention to appeal the decision, requesting a stay of proceedings pending the appeal.
“We have an affidavit of fact dated July 3, 2024, attached with a notice of appeal and a motion for stay of proceedings,” he stated.
Counsel to the 3rd, 4th, and 5th respondents, Hassan Tanko-Kyaure, argued against the repeal law, citing procedural lapses.
“Due process was not followed in enacting the Kano State Emirates Council (Repeal) law 2024,” he contended, urging the court to dismiss the applicant’s application with a cost of N1 billion.
The ruling has significant implications for the traditional leadership in Kano State, setting a precedent for enforcing legislative and executive actions in the governance of emirates.
KanyiDaily recalls that Kano State Government had directed the police to remove the deposed Emir of Kano, Ado Bayero, from the mini palace “where he is trespassing.”
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