TRACKING____ The Legal Team of the the deposed Emir of Kano, Muhammadu Sanusi II, has challenged his dethronment and banishment by Kano State government, threatening to approach the Court if he is not released and reunited with his family within 24 hours.
Briefing journalists in Kano on Tuesday, leader of the team, Abubakar Balarabe Mahmoud, said Kano State Emirate Council Law which was recently enacted by the Government does not give the State Executive Council or the Governor of Kano State the powers to unilaterally remove the emir.
“The reason given in the letter of deposition of the Emir dated 9th March, 2020, was alleged ‘disrespect to lawful instructions from the authorities’. The Emir was also alleged to have ‘refused to attend official programmes and meetings organised by the Government’. As far as we are aware, there has not been any notice of such disrespect ever given to the Emir or querry issued to him for refusal to attend official functions.
“He was never given any opportunity to defend himself against those charges. Section 13 of the Kano Emirates Council Law 2019 cited in the letter of deposition empowers the Governor to depose an Emir only after due inquiry and in consultation with State Council of Chiefs.
“As a legal team, we are not aware of such due inquiry nor are we aware that the Kano State Council of Chiefs was at any time summoned to any meeting much less discuss the removal of the Emir or gave any advise to the Governor on the deposition,” Mahmoud said.
The legal team leader further explained that Muhammadu Sanusi II was the Chairman of the Council and if such meeting was summoned, he would have been aware and would have informed them there and then.
“In our view, the action was patently illegal and unconstitutional and a clear abuse of power. Be that as it may, the decision to challenge the removal is solely that of Emir Muhammadu Sanusi II. At this moment no such instruction has been given.
“We have not spoken to the Emir since yesterday (Monday) but we understand they are at their destination somewhere in a remote part of Nassarawa State after driving for nearly seven hours in the night and arrived at about 2.00 am this (Tuesday) morning. We understand the choice of location to detain HH Muhammadu Sanusi II was intended to cause maximum trauma and distress.
“According to instructions we received from the Emir through his Chief of Staff, we are directed to take legal action to challenge the legality of the Emir’s detention and banishment. We are of the firm view that this action is illegal and unconstitutional. Section 35 of our constitution guarantees every citizen the right to personal liberty. The basis of the denial of personal liberty are set out clearly in this Section of the Constitution. None applies to the case of the Emir,” he said.
Mahmoud added that the archaic practice of banishment of deposed Emirs is a colonial practice which has no basis under Nigerian law or the Constitution.
“We are totally perplexed at the resort to this practice in present day Nigeria by its political leaders. The illegality of this practice was pronounced by the Nigerian Court of Appeal in Attorney General Kebbi State v. HRH Alhaji Al Mustapha Jakolo and ors 2013 LPELR 22349/CA where the Court pronounced it as illegal and unconstitutional and gross violation of the rights of the Emir. This is what the court said in that case.
The legal team called on the authorities, in particular the Inspector General, the Director General of Department State Services and Attorney-General of the Federation and Minister of Justice to ensure the immediate release of HH Muhammadu Sanusi II so that he can be reunited with his family.
