In a stern and forthright statement, Mr Yakubu Maikyau, OON, SAN, President of the Nigerian Bar Association (NBA), has condemned the recent spate of conflicting court orders concerning the stool of the Emir of Kano.
The series of judicial decisions, culminating in a bewildering spectacle of contradictory rulings, has brought significant discredit to the legal profession and the Nigerian judiciary as a whole.
Condemnation of Legal Disorder
Maikyau, in a statement addressed to the NBA and dated May 29, 2024, expressed unequivocal dismay at the handling of the proceedings surrounding the Emir of Kano’s stool, denouncing the conduct of both counsel and courts involved. He lamented that the actions witnessed in recent days have tarnished the reputation of the legal profession, exposing it to ridicule and disrepute. Such a debacle, he warned, would take considerable time to rectify and heal.
Call for Scrutiny and Accountability
Emphasising the need for accountability, the NBA President called for a thorough investigation into the conduct of both counsel and judges implicated in the conflicting orders. He urged the respective heads of the courts involved to scrutinise the actions of the judges and report any potential abuses of judicial office to the National Judicial Council for appropriate action. Simultaneously, the NBA will initiate disciplinary proceedings against the counsel involved, should allegations of professional misconduct be substantiated.
Upholding Judicial Integrity
Asserting the critical importance of preserving the integrity of the judiciary, Maikyau reaffirmed the NBA’s commitment to upholding the rule of law and safeguarding the independence of the legal profession. He underscored the indispensable role of the judiciary in dispensing justice and ensuring the peace and prosperity of the nation, quoting Sheikh Othman Dan Fodiyo’s timeless maxim, “A people can exist without religion but they cannot exist without justice.”
Resolute Stance Against Compromise
Maikyau reiterated the imperative for the legal profession to resist any attempts to compromise its independence. He stressed that such compromises would undermine the profession’s noble mandate of providing direction to the nation within the confines of the rule of law. Restoring the respect and credibility of the legal profession, he affirmed, is essential for Nigeria to reclaim its rightful place among the community of nations.
Context and Background
The reinstatement of Sanusi Lamido Sanusi as the Emir of Kano follows years of legal battles and political maneuvering. Sanusi, a former governor of the Central Bank of Nigeria, was initially deposed in March 2020 by then-Governor Abdullahi Ganduje of Kano State, citing allegations of corruption and insubordination. However, many viewed Sanusi’s removal as politically motivated, given his outspoken criticism of state policies and his reformist stance.
Sanusi’s legal team launched a series of appeals, challenging the legality of his removal and arguing that due process was not followed. The legal battle intensified amidst conflicting court orders and legislative actions aimed at restructuring the Kano Emirate. The reinstatement of Sanusi by Governor Abba Yusuf in 2024 marked a significant shift in the political landscape of Kano, highlighting the ongoing power struggle between traditional authority and state power.
The Conflicting Court Orders
The controversy trailing the Kano Emirate tussle took another dimension yesterday, as a Federal High Court and Kano State Court sitting in the state gave conflicting orders on the removal of the reinstated Emir of Kano, Muhammadu Sanusi II.
While the Federal High Court ordered the eviction of Sanusi II from the palace, the state high court restrained the police, the DSS, and other security agencies from arresting him or invading palace.
The Federal High Court order followed an ex parte motion by the deposed Emir Aminu Ado Bayero through his counsel, M.L Yusufari SAN, before the court presided over by Justice S. A. Amobeda, praying the court to evict Sanusi from the palace.
The Federal High Court Ruling
In its ruling granting the applicant’s prayers, the federal high court held, “That the Respondents either by themselves, their agents, servants, privies or any other person or authority are restrained from inviting, arresting, detaining, threatening, intimidating, harassing the Applicant, raiding, tempering with or visiting the Applicant’s in order to arrest or infringe on his right or in any other way infringe or attempt to infringe the Applicant’s rights pending the hearing and determination of the Originating Motion.
“That the 3rd, 4th and 5th Respondents and all other Respondents are hereby restrained from denying the applicant to use his official residence and palace at the Emir’s Palace, Kofar Kudu as well as enjoyment of all rights and privileges accrued to him by being Emir of Kano State and to evicting anything, anybody residing within the palace illegally pending the hearing and the determination of the originating summons.
“That leave is granted to the bailiff of this Court to serve the 3rd and 4th Respondents with all processes in this suit through the office of the 5th Respondent situated at Police Headquarters, Kano Command, Bompai, Kano State and deeming the service as valid, personal and proper.
“That leave is also granted to the bailiff of this Court to serve the 6 and 7 Respondents with all processes in this suit through their respective Kano offices situated at Giginyu, Kano and Zaria Road, Kano and deeming the service as valid, personal and proper.
“That this Court is mindful of the Order made by my Learned Brother Liman J. on 23 day of May, 2024 in suit No: FHC/KN/CS/182/2024.
“That this Order is made in the interest of Justice and maintenance of peace in Kano State.
“That an Order for expeditious hearing of this suit is made.
“That the filing of the processes by the Respondents is abridged to 72 hours (3 days) from the service of this Order and the Processes of this Honourable Court.
“That the Order and the Processes of this Honourable Court shall be served on all the respondents immediately.
“That this suit is accordingly adjourned to the 4th day of June 2024 for definite hearing.”
Respondents in the case included the Attorney General of the Federation as the first respondent, the Attorney General of Kano State (2nd), the Nigeria Police Force (3rd), the Inspector General of Police (4th) and the Commissioner of Police Kano Command (5th).
Other respondents included State Security Service (6th), NSCDC (7th), Nigerian Army (8th), Nigerian Navy and Nigerian Air Force as 9th and 10th respectively.
The State High Court Ruling
The state high court, in its own ruling, issued a restraining order preventing the police, the DSS and the military from forcibly removing the reinstated Emir of Kano, Sanusi II.
The court action was initiated by Sanusi alongside the four traditional kingmakers of Kano namely; Madakin Kano Yusuf Nabahani; Makaman Kano Ibrahim Sarki Abdullahi; Sarkin Bai Mansur Adnan, and Sarkin Dawaki Maituta Bello Tuta.
The court, presided over by Justice Amina Aliyu, ordered: “That an order of Interim injunction is hereby granted restraining the Respondents either by themselves, their agents, privies, representative, and assigns from further harassing, intimidating, inviting, arresting and or invading the personal or official residence of the Applicants (Gidan Rumfa), his servants and or any of the Kano Emirate kingmakers of doing such acts that would be capable of interfering with the Applicants’ rights generally about this suit pending the hearing and determination of the motion on notice.
“That an order of Interim injunction is hereby granted restraining the Respondents from attempting to hijack, pick, commandeer, confiscate any of twin spear of authority, the Royal Hat of Dabo, the Ostrich feathered shoes, the knife and sword of the Emir of Kano as well as symbols of authority pending the hearing and determination of the motion on notice.
“That an order of Interim injunction is hereby made restraining the Respondents from taking further steps in connection with the matter or maintaining the status quo of staying all actions pending the hearing and determination of the motion on notice.
“That it is further ordered that the respondents are restrained from interfering with the functions, duties of the 1st Applicant as the Emir of Kano pending the hearing and determination of the motion on notice dated 28th May, 2024.
“That the motion on notice is adjourned to 13th June, 2024 for hearing.”
The applicants in the case included His Royal Highness, Malam Sunusi Lamido Sunusi, the Emir of Kano; Yusuf Nabahani Chigari, Ibrahim Sarki Abdullahi, Mansur Mukhtar Adnan and Bello Tuta.
As the legal saga continues to unfold, the NBA President’s condemnation of the legal chaos underscores the need for accountability and transparency in the judiciary. The resolution of the Emir of Kano’s case holds broader implications for the rule of law and the balance of power between traditional institutions and the state in Nigeria.
