Two courts in Kano State have issued conflicting interim injunctions, adding to the tension and instability surrounding the Kano Emirate dispute between Alhaji Muhammadu Sanusi II and Aminu Ado Bayero.
Federal Court Orders Sanusi’s Eviction
On Tuesday, Justice S. A. Amobeda of the Federal High Court in Kano ordered the eviction of the reinstated Emir, Muhammadu Sanusi II, from the Gidan Rumfa palace. The court directed the police to restore all rights and privileges due to the 15th Emir of Kano, Aminu Bayero. Justice Amobeda gave an order granting, “interim injunction restraining the respondents from infringing on the applicant’s rights“
This order was part of a broader legal motion filed by the deposed Emir Aminu Bayero. The Federal High Court’s ruling then adjourned hearing on the substantive case to June 4, 2024.
State Court Protects Sanusi from Eviction
On the other hand, same day, Justice Amina Adamu Aliyu of the Kano State High Court issued an order restraining the police, the State Security Services (SSS), and the Nigerian Army from evicting, harassing, or arresting the same Sanusi. This order also protects the reinstated emir and his kingmakers from intimidation.
The Kano State High Court case, filed by Sanusi and the four kingmakers of Kano, aims to prevent any interference with Sanusi’s functions as the Emir of Kano. The hearing for this motion is scheduled for June 13, 2024.
In Nigeria, both federal and state courts have “coordinate jurisdiction“. In other words, they have equal powers.
Background of the Emirate Dispute
The dispute arose after Governor Abba Yusuf‘s proceeded to reinstate Sanusi after the repeal of the law used by his predecessor, Abdullahi Umar Ganduje to depose and exile Sanusi in 2020. This reinstatement was challenged when the Federal High Court in Kano issued an order on May 23, 2024, prohibiting the enforcement of the Emirate Council Repeal Law 2024, which facilitated Sanusi’s return and Bayero’s dethronement.
Governor Yusuf’s subsequently ordered for Bayero’s arrest, citing concerns about state tension. This led to the deployment of soldiers to the Nassarawa Palace – where Bayero had taken up official residence. Then later, Justice Amina Adamu Aliyu of the Kano State High Court then issued an injunction restraining Bayero from presenting himself as the Emir of Kano and ordered his eviction from Nassarawa Palace.
Public and Political Reactions
The legal tussle has sparked protests from the supporters of both contender emirs. Traders and lawmakers have shown allegiance to Sanusi and Bayero, respectively. The Kantin Kwari Market Traders Association and several district heads have pledged loyalty to Sanusi. At the same time, 12 members of the ruling All Progressives Congress (APC) in the Kano State House of Assembly support Bayero.
Impact on Traditional Institutions
Legal experts say this conflict reveals the delicate balance between traditional institutions with which African societies governed themselves and modern governance. Nura Muhammad Adam, a legal analyst, noted, “These orders reflect the intricate and often contentious relationship between different layers of the judiciary and traditional authority structures in Nigeria.” Constitutional lawyer Salisu Umar emphasized the judiciary’s role in ensuring a fair and just process for all parties involved.
The ongoing legal conflict between Sanusi and Bayero is closely watched across Nigeria, highlighting the complex interplay between historical legacies and contemporary legal systems. Some have called for President Bola Tinubu to intervene, but others caution him. Tinubu is from the south, culturally far removed from the intricacies of the struggle. He is busy with his one year in office anniversary today.
The outcomes of the upcoming hearings in June will significantly impact the leadership and governance of one of Nigeria’s most prominent traditional institutions. The people of Kano await clarity as the judiciary navigates this unprecedented dispute.
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