Headlines
Kano gov’t shuts down Tiamin Rice mill for ‘aggravating coronavirus’
Nasiru Yusuf
Kano state government has closed down Tiamin Rice Limited, one of the major rice factories in the state over allegation of air pollution which it says “aggravates coronavirus patients” in the state.
An order for the closure, obtained by KANO FOCUS on Sunday, directed the management to close the facility immediately “due to complaints of air pollution that aggravates coronavirus patients”.
The notice, dated April 18, 2020, said the factory is to remain closed till further notice.
Confirming the development, the state’s Commissioner for Environment, Kabiru Getso said the rice mill was closed following two abatement notices issued to the company’s management to desist from polluting the environment.
According to Mr Getso, the ministry had earlier received a complaint from the management of Dangote Skills Acquisition Centre, located a few meters away from the rice mill–that dust particles released by the factory disturb the installation of equipment.
He said the environment ministry had also received a 15-page petition accompanied by findings of a research that link the type of pollutants released by the rice factory to “aggravating coronavirus and other respiratory diseases.”
“You know, I am a medical doctor. Coronavirus is a respiratory disease, which can be aggravated by pollution. We have written two abatement notices to the company to address this challenge of pollution, but no avail.
“As a government ministry, we don’t have any option but to seal the company. It will only be re open after meeting government’s requirement,” Mr Getso said.
However, Deputy Managing Director of TiAmin, Aliyu Ibrahim denied receiving any warning or abatement notices from the state ministry of environment on pollution.
He recalled that, during inspection, the officials of the ministry used to commend the company for its effective management of pollution.
On alleged aggravation of coronavirus disease, Mr Ibrahim said the company has stopped production in compliance with the government’s lockdown directive despite exemption granted to rice mills to continue production.
Mr Ibrahim added that the company has over 320 staff on its payroll, with a total capacity to produce 300 metric tonnes of rice daily.
“To set the records straight, there are nearly 30 rice mills operating in Kano State, but our company is the ONLY one affected by the order.
“The fact of the matter is that neither state nor federal health officials, nor Ministry of Environment inspectors came to our premises to take any samples of the said pollution.
“Although the Rice Processors Association of Nigeria (RIPAN), which we are a member, has been exempted from the lockdown order by the state government, we nevertheless halted our production for one week to put in robust internal measures against the spread Coronavirus.
“Since halting production on Wednesday April 15, 2020, our workers have been on break and our engines and boilers switched off. When and how did the ministry arrive at the premise of “pollution that aggravates Coronavirus patients” when our plant is deactivated?
“We view this orchestrated plan to close our 320-tonne plant as economic sabotage against President Muhammadu Buhari administration, who in his recent speech assured Nigerians that food processing, distribution and retail companies would be exempted from the lockdown,”
“While following legal avenues to seek redress, we wish to assure our loyal customers and distributors not to panic over this temporary setback. It is also heartwarming to inform our customers that our 600-tonne capacity plant in Bauchi is at the advanced stage of completion,” Mr Ibrahim said in a statement.
Headlines
Gov Yusuf to distribute free uniform to primary school pupils
Nasiru Yusuf Ibrahim
The Kano State Governor, Abba Kabir Yusuf is set to flag-off the distribution of school uniforms for Primary 1 pupils across the state on Monday 13th January 2025 as part of the administration’s commitment to addressing the problem of out-of-school children in the state.
KANO FOCUS reports that an estimated number of over 789,000 male and female pupils in 7,092 public schools across the 44 Local Government Areas in the state are to receive sets of uniforms under the program.
A statement sent to KANO FOCUS on Sunday by commissioner of information Comrade Ibrahim Waiya said the initiative is aimed at promoting school enrollment and ensuring that every child of school age is given the opportunity to access quality education, thereby reducing the number of out-of-school children in the state.
The statement added that in addition, the gesture will support indigent parents who may face financial challenges in meeting the educational needs of their children and further demonstrates that education remains the cornerstone of the Abba Kabir Yusuf administration’s agenda for even development across the state.
“By prioritizing the needs of young learners, the government seeks to empower the next generation with the tools they need to succeed and contribute positively to society.
“The official launch event will take place by 1:00 pm at the Coronation Hall, Government House, Kano, with Governor Abba Kabir Yusuf personally overseeing the distribution process,” the statement concluded.
Headlines
Emirate tussle: Kano Govt urges security, others to obey Court of Appeal ruling
Nasiru Yusuf Ibrahim
The Kano state governent has urged all relevant individuals and bodies within and outside Nigeria, to abide with the recent ruling of the Federal Court of Appeal in respect of the ongoing litigation which the reinstatement of Muhammadu Sanusi, as the 16th Emir of Kano.
KANO FOCUS reports that the position of the Governor Abba Yusuf led administration on the recent ruling was made known Saturday, by Isa Dederi, Kano commissioner for justice, and attorney ‘General, held at a world press conference held at the NUJ Press Centre, in Kano.
The commissioner said: “On behalf of the Kano State Government, we express our profound satisfaction with the Judgment delivered by the Court of Appeal, Abuja Division, regarding the Emirate Council matter involving His Highness Khalifa Muhammadu Sanusi II and other parties.
“The verdict overturns earlier decisions by the Federal High Court and validates the government’s lawful actions regarding the chieftaincy appointments and reforms in the state’s traditional institutions.
“This ruling reaffirms the government’s commitment to justice, fairness, and adherence to due process in our efforts to modernize traditional structures while preserving the cultural heritage of Kano State. The judgment further clarifies the rightful jurisdiction over chieftaincy matters, underscoring the constitutional boundaries of the courts in such affairs.
“The decision by the appellate court to void previous Judgments that questioned the state’s lawful appointments underscores the correctness of our actions and strengthens our resolve to continue reforms for equitable representation and inclusive governance.
“For the avoidance of doubt, all decisions, pronouncements, and orders made by the Federal High Court Kano have been quashed and set aside by the Court of Appeal. Furthermore, the law enacted by the Kano state House of Assembly relating to Emirates and all actions taken by His Excellency, the Executive Governor of Kano State pursuant to that law have been fully upheld and legalized by the Court of Appeal. Therefore, in strict adherence to the rule of law and in defense of democracy, all public and private institutions, as well as individuals, are required to comply with the Court of Appeal decision and act accordingly to give full effect to the Judgment.
“We extend our appreciation to the Judiciary for upholding the principles of Justice and fairness. The Kano State Government remains committed to working with traditional institutions, ensuring harmony, and fostering development across all emirates.
“We urge all parties to respect the court’s Judgment and join hands with the government to promote peace, unity, and progress in our beloved state. Let us continue to prioritize the collective good of Kano State above all individual interests.”
Headlines
Appeal Court sets aside order nullifying Sanusi’s appointment as Emir of Kano
Nasiru Yusuf Ibrahim
The Court of Appeal in Kano has set aside the June 20 order by Justice Abubakar Liman of the Federal High Court, Kano, nullifying the steps/actions taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
KANO FOCUS reports that a three-member panel of the Court of Appeal, Kano, which sat in Abuja, held that the order nullifying the steps taken by the Kano State Government pursuant to the 2024 Emirates Council Law was made by Justice Liman without jurisdiction.
The appellate court found that the fundamental rights enforcement suit filed by an aggrieved king maker – Alhaji Aminu Babba Dan Agundi – on which basis Justice Liman issued the June 20 order, was not only invalid, the Federal High Court lacked the jurisdiction to hear it
The judgment was on an appeal by the Kano State House of Assembly and it’s Speaker marked: CA/KN/140/2024 against Agundi and others.
The appeal was against the the June 20 ruling by Justice Liman, nullifying every step taken by the state government and other respondents pursuant to the new law.
The Kano State House of Assembly enacted the Kano State Emirate Council (Repeal) Law 2024 on May 23 last year, which the state governor assented to on the same date. The law repealed the Kano State Emirates Council Law (2019).
Pursuant to the new law, the Kano State Government among others, sacked Aminu Ado Bayero as Kano Emir, reinstated Sanusi as Emir and reversed the creation of five new Emirates by the preceding administration of Umar Ganduje.
Aggrieved by the law, Agundi filed his fundamental rights enforcement suit on th same May 23, 2024, following which Justice Liman issued an order, directing parties to maintain status quo pending the determination of the suit ante the passage of the new Emirates Council law.
In his June 20 ruling, Justice Liman voided all the steps taken by the Kano State Government pursuant to the 2024 Emirate Council Law on the grounds that they were taken in violation of his earlier order made on May 23, 2024 directing parties, in Agundi’s fundamental rights suit, to maintain status quo ante.
In the lead judgment of the Court of Appeal, Justice Gabriel Kolawole, held the foundation upon which Justice Liman based
the June 20 annulment order was based on the wrong assumption that the Federal High Court has jurisdiction to hear the substantive suit, which it actually did not have.
Justice Kolawole noted that matters concerning the validity of state laws and the regulation of traditional/chieftaincy institutions, which Agundi’s case was all about, do not fall within the exclusive jurisdiction of the Federal High Court, rather they fall squarely within the jurisdiction of state High Court.
He added: “Having held that the Federal High Court lacked the jurisdiction, it necessary follows that any order made by the trial court including the annulment of the steps and actions taken by the appellants and others on grounds of disobedience of the order of the lower court has become null and void.
“A court that lacks the jurisdiction to entertain a substantive matter also lacks the competence to make any order or grant any relief in respect of that matter.
“The annulment order made by the trial court, which is the subject of this appeal, is not sustainable because the said order was made by a court that lacked the jurisdiction to entertain the substantive suit.
“In view of the above, the order made by the Federal High Court, Kano judicial division by Justice A. M. Liman (now JCA) in suit number: FHC/KN/182/2024, which order was handed down on the 20th of June 2024 nullifying all step’s and actions taken by the appellants and others in pursuant of the Kano State Emirates Council (Repeal) Law 2024 is hereby nullified and accordingly, set aside,” Justice Kolawole said.
Justices Mohammed Mustapha and Abdu Dogo, who were also on the panel agreed with Justice Kolawole’s findings and some orders made, but disagreed with him on his order that the suit by Agundi, marked: FHC/KN/182/2024 be remitted back to the Chief Judge of the HIgh Court of Kano State to be heard on its merit.
Justices Mustapha and Dogo were of the view that remitting the case to the High Court of Kano for hearing was a waste of judicial time because the case itself was not initiated by due process of law in that it did not relates to any fundamental rights guaranteed under Chapter 4 of the Constitution or the African Charter on Human and People’s Rights.
In an earlier judgment, Justice Kolawole faulted the June 13 ruling by Justice Liman in which he (Liman) held that his court has the jurisdiction to hear the fundamental rights enforcement suit filed by Agundi.
The appeal, marked: CA/KN/126/2924 was also filed by the Kano House of Assembly and the Speaker against the June 13, 2024 ruling by Justice Liman, assuming jurisdiction over Agundi’s suit.
Justice Kolawole noted that the reason given by the trial court to assume jurisdiction was fundamentally flawed.
He found that the claims brought before the trial court relate to chieftaincy issue and not the interpretation of the Kano Emirate laws, issues fall within the jurisdictional competence of the High Court of Kano State.
The judge said the Federal High Court could only examine the legitimacy of any law enacted by a State House of Assembly on grounds of constitutional inconsistency, that it is not consistent with the Constitution, which is the grund norm.
Justice Kolawole awarded a cost of N500,000 in favour of the appellants and against Agundi.
Justices Mustapha and Dogo agreed with the lead judgment, but also disagreed with Justice Kolawole’s order that the suit by Agundi, marked: FHC/KN/182/2024 be remitted back to the Chief Judge of the HIgh Court of Kano State to be heard on its merit.
They instead, issued an order striking out the suit.
In the judgment on the appeals by Aminu Ado Bayero, marked: CA/KN/200/2024 and CA/KN/200A/2024, the Court of Appeal found that the High Court of Kano State denied Bayero fair hearing in its hearing and determination of a case filed by the state government to enforce the new law.
In the lead judgment, Justice Mustapha held that the trial court did not only fail to issue hearing notice to the appellant (Bayero) after the withdrawal of his lawyer, it proceeded to strike out the court documents files by the appellant “on the nebulous grounds that they had been abandoned.
He proceeded to hold that the proceedings conducted on July 4, 2024 by Justice Amina Adamu Aliyu of the High Court of Kano State and the judgment delivered of the July 15 are a nullity for having breached the appellant’s right to fair hearing.
Justice Mustapha ordered that the case in respect of which the appeals were filed should be remitted back to the Chief Judge of the High Court of Kano State to be heard by another judge.