A Federal High Court sitting in Kano and presided by Justice Simon Amobeda, on Friday, reserved judgement in the fundamental human rights suit filed by the dethroned 15th Emir of Kano, Aminu Ado Bayero, following a heated argument between the prosecution counsel and defendant counsel during the hearing.
Counsel to the second respondent, Mahmood Magaji, told the court that he filed a preliminary objection dated May 30th and filed May 31st on four grounds bordering his fundamental rights and the repealed Kano Emirate law.
“We filed our 21-paragraph counter affidavit deposed by Abdullahi Garko and written address dated May 31st on the point of law.”
Magaji prayed the court to dismiss and strike out the originating summon.
He said ‘’being an Emir is a privilege, not a right “’
“The applicant filed his case five days after he was removed from the throne. At the time of filing, he was no longer an Emir.
“The applicant has agreed that he was removed but without a fair hearing. I urge your lordship to refuse their application and discountenance the originating summon.’’
Magaji also filed a motion of notice to set aside the ex parte order earlier granted by the court restraining them from arresting the dethroned Emir.
The applicant Michael Numa, (SAN) had earlier argued that the court has jurisdiction to entertain the matter as it bothers the applicant’s fundamental rights. He prayed the court to accept the fundamental rights suit in the interest of justice and peace of the state.
The Kano State government recently abolished the five Emirates in the state, dethroning Aminu Ado Bayero and four other first-class Emirs after repealing the Kano Emirate Law.
The judge has reserved judgement for a later date.
