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Strike: ASUU accuses ministers, AG of frustrating agreements

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ASUU

Nasiru Yusuf

The Academic Staff Union of Universities, ASUU has on Thursday accused the Ministers of Labour and Employment, Education and Accountant General of the Federation of frustrating the ASUU and Federal Government’s series of discussion.

Kano Focus reports that the union  also slammed President Muhammadu Buhari over what it described as irresponsive posture by the President to the lingering strike.

The Kano Zonal Coordinator of the union, Mahmud M. Lawan made this known while addressing journalists on the lingering strike in the country.

According to him, “the Kano Zone of ASUU is compelled to unfortunately call a spade a spade on the current prolonged impasse between the Federal Government and the union.

“It is noteworthy for the patriotic people of Nigeria to know that the union has noticed that the office of the Minister of Labour and Employment which is supposed to serve in conciliatory capacity has instead, become a government propaganda machine throughout the engagement and has woefully failed in its mandate to mediate dispassionately.

“Worse in performance in this matter is the office of Minister of Education who has failed to mediate adequately between the union and the office of the President of Federal Republic of Nigeria.

“The most unfortunate distraction is the use of the Office of the Accountant General of the Federation, OAGF to frustrate all the previous ASUU-FGN agreements reached so far.

“The Zone is equally worried on the irresponsive posture of the office of the President on the future of education and youth in our dear nation,” Lawan said.

The Union body also accused the government of the use of hunger, starvation and deprivation by withholding their salaries to forcefully enrolled it members in the Integrated Payroll and Personnel Information System, IPPIS, which it vowed to consistently reject.

Strike: ASUU accuses ministers, AG of frustrating agreements

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ASUU denounces takeover of KUST institute by Ganduje

The Zonal Coordinator however called on the Federal Government to instead pay it members through a software internally developed by the academics, University Transparency Accountability Solution (UTAs) and also revitalize the universities to bring to an end the lingering strike.

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Kwankwaso celebrates Eid el Kabir with Kwankwasiyya Political Movement

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Nasiru Yusuf Ibrahim

 

The Kwankwasiyya political movement also known as Kwankwasiyya Development Foundation on Tuesday celebrated a grand Eid-el-Kabir reception at the residence of the leader of the movement, Senator Rabi’u Musa Kwankwaso.

KANO FOCUS reports that the event was attended by the Supreme Leader of the Kwankwasiyya movement Senator Rabi’u Musa Kwankwaso together with other top Kano NNPP Government functionaries and teeming supporters.

The special Sallah celebrations in Kano brought together leadership of the party as well as friends and well wishers from within and outside Nigeria.

Mammoth crowd of Kwankwasiyya loyalists

Local and National musicians and artistsr from Nupe, Tiv and Jos in North Central to North West, and Southern Nigeria had a field day with display of different dance steps from across the country.

Prominent among those who graced the occasion are Ali Jita, Nazifi Asnanic and Bashir Dandago.

Addressing the mammoth crowd, the national leader of the New Nigeria Peoples Party (NNPP), Dr Rabiu Musa Kwankwaso, has said an average Kano person doesn’t want injustice.

He stressed that the Kwankwassiya people were peaceful but have always had to contend with their political enemies. He said, “In 2019, we won the governorship election in this state but enemies of the state went against us through the Independent National Electoral Commission (INEC), the courts and so on. What happened is now a history.

“It was the same thing in 2023. We won the election overwhelmingly and there were a lot of efforts by enemies of the state who are the minority here to take it, but by the grace of God, he decided that justice would be done. And I am sure that has gone a long way to maintain peace and order in the state.

“But it looks like the enemies are at it again, going by what is happening on the issue of the emirate council.

“On the contrary, people were further reinforced and working very hard to ensure that more people join this movement. And I am not surprised because the average Kano person doesn’t want injustice. That’s why we are here.”

In his address the Commissioner for Higher Education in Kano state, Dr Yusuf Kofarmata said, the event was to celebrate Sallah with the leader of Kwankwasiya Movement and NNPP Leader, Rabiu Kwankwaso.

While congratulating Muslims for a peaceful Sallah celebrations, the Commissioner urged the gathering to reflect on the lessons and build a better society.

 

 

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Kano Emirate Tussle: State Assembly alleges bias, asks Appeal Court to take over proceedings

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Nasiru Yusuf Ibrahim

 

Ahead of the ruling of Justice Abdullahi Liman of the Federal High Court, Kano, on a motion filed by Aminu Babba Danagundi, the Sarkin Dawaki Babba, challenging the legality of the Kano Emirates Council (Repeal) Law 2024, the Kano State House of Assembly has asked the Court of Appeal sitting in Kano to stay further proceedings at the Federal High Court pending the hearing of the appeal before the appellate court.

KANO FOCUS reports that the call came as All Progressives Congress (APC) described comments credited to the presidential candidate of New Nigeria Peoples Party (NNPP) in the 2023 election, Rabiu Kwankwaso, that the ruling party was trying to take Kano State through the backdoor by declaring a state of emergency, as disappointing and insensitive.

Liman had scheduled ruling on the legality of the Kano Emirates Council (Repeal) Law 2024 for Thursday, June 20, 2024, just after he dismissed an application for a stay of proceedings by Eyitayo Fatogun, representing the Kano State House of Assembly.

Dissatisfied, Kano State House of Assembly, in Appeal No: CA/KN/ /26/2024 filed by its lawyer, Fatogun, prayed for an order of injunction restraining the respondents, their privies, servants or any other person or authority, deriving power, authority, rights or privileges from any of the respondents particularly the first, fourth, fifth, sixth, and seventh respondents from enforcing or attempting to further enforce the repealed Kano State Emirates Council Law, a law which was no longer extant, pending the hearing and determination of the appeal before the Court of Appeal.

The appellant also prayed the court to stay execution of all orders, particularly the ex-parte order granted on May 23, 2024 by the lower court pending the hearing and determination of the appeal presently before the court.

The respondents are Alhaji Aminu Babba Danagundi; Kano State Government; Attorney General of Kano State; Commissioner of Police, Kano State; Inspector General of Police; Nigeria Security and Civil Defence Corps; and Department of State Services.

In its motion on notice brought pursuant to Sections 6 and 36 of the 1999 Constitution, Order 7 Rule 1 of the Court of Appeal Rules and under inherent jurisdiction of the court, the appellant prayed the court to take over the entire proceedings, alleging that there were conflicting orders of the Kano State High Court and the Federal High Court on same subject matter.

In its application for an urgent date, the appellant stated that the Federal High Court in Kano on or about June 13, 2024, had delivered its ruling in a suit filed for the enforcement of the fundamental rights of a king maker as it related to the Kano State Emirate Council (repeal) Law 2024 made by the House of Assembly of Kano State and duly assented by the executive governor of Kano State.

In the said ruling, the court in its wisdom, held that it had jurisdiction in a chieftaincy matter, and subsequently adjourned to June 14, 2024, for the hearing of the several applications filed by the applicant, particularly the application seeking to nullify the Kano State Emirate Council (repeal) Law 2024.

The appellant further stated, “On the 13th day of June 2024, we immediately attempted to file our Notice of Appeal but were denied the opportunity by the Registry of the Federal High Court in Kano on the grounds that it was well after 2pm and they would not take processes anymore.

“Of great interest is that the registry continued to take processes for filing in other matters, which were not related to the above mentioned suit.

“We, therefore, filed the notice of appeal at the Court of Appeal Registry and filed alongside an application for departure from the rules.

“On the 14th of June 2024, the Registry of the Federal High Court did not open till 9am due to hostility and fear of collecting processes from us for filing. We also applied for the ruling of the 13th day of June 2024, assuming jurisdiction, but as suspected, the ruling is not yet ready.

“We compiled records with the documents we were served, though uncertified but largely the documents filed by the plaintiff at the lower court and were given an appeal number as indicated above. We certainly would compile supplementary records shortly upon receipt of the proceedings and ruling.

“We consequently filed a motion for stay of proceedings or further proceedings before His Lordship.

“It may be of interest that your Lordship be informed that all these issues were brought to the attention of His Lordship. Hon Justice A. M Liman but in a short ruling today refused an application for stay of proceedings, despite becoming aware of the motion pending in the Court of Appeal.”

The appellant submitted that an appeal shall be deemed to have been entered in the court when the record of proceedings in the court below had been received in the Registry of the court.

He stated, “Where there is an application before a higher court for a stay of further proceedings in the lower court, a decision by the lower court, which will render the result of such application nugatory, should be avoided.

“This unfortunate attitude in disregarding the process of the Court of Appeal bothers on judicial impertinence. it is an affront on the authority of the Court of Appeal. All the courts established under the constitution derive their powers and ‘authority’ from the constitution.

“His lordship went ahead to hear an interlocutory application seeking to nullify the Kano State Emirate Council (repeal) Law 2024, which is the subject matter of the suit before My Lord.

“All entreaties, including learned silk, Eyitayo Fatogun SAN’s recusing himself and applying that the matter be adjourned so that the parties he was representing could get other legal representation, fell on deaf ears as his lordship went ahead with the hearing of the motion.

“The effect of the grant of the motion heard by my lord, of the Federal High Court, when His Lordship delivers ruling on Thursday, the 20th of June 2024, is that the Emirate Council law as it is in force in Kano may be nullified, and the present Emir of Kano, HRM, Lamido Sanusi, may be removed from his palace as the police have hinted on carrying out the orders of the Federal High Court.”

They argued that the Federal High Court had determined the entire appeal based on jurisdiction as the court had continued to assume jurisdiction.

The appellant further averred, “It would set a bad precedent of lower courts choosing not to respect the decisions or proceedings of the higher court

“The Federal High Court with its disposition might grant the orders prayed for and cause that the five emirates and their emirs, some of whom have left the state for peace to reign would then have to return, causing chaos and uprising in the state

“The loss of lives, which might be occasioned by the ruling, may be rather too much, as the peace in the state may be breached.

“It is in the interest of justice that the Court of Appeal takes over the entire proceedings as there are conflicting orders of the Kano State High Court and Federal High Court on the same subject matter.”

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Kano Emirate tussle: Federal, industrial Courts lack jurisdiction on chieftaincy matters – Falana

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Nasiru Yusuf Ibrahim

 

Human Rights lawyer and Senior Advocate of Nigeria, Femi Falana, on Tuesday, said the Federal High Court and the National Industrial Court have no jurisdiction to determine chieftaincy matters.

KANO FOCUS reports that Falana, in a statement he personally signed, accused both courts of separately conferring, “jurisdiction on themselves to determine chieftaincy matters.”

Falana described both decisions as, “highly erroneous” as they cannot be justified under sections 251 and 254(C) of the Constitution. Adding that both courts conveniently overruled the judgments of the Supreme Court and the Court of Appeal on the subject matter.

He said, “The intervention of the Federal High Court in the dispute arising from the deposition of Emir Ado Bayero & Co. as well as the restoration of Emir Sanusi Lamido Sanusi is a brazen repudiation of the decision of the Supreme Court in the celebrated case of Tukur v Government of Gongola State (1987) 4 NWLR (117) 517 where it was held that “The question raised in this claim is not a fundamental right question.

“As in the first prayer, the right to be Emir is not guaranteed by the Fundamental Rights provisions of the Constitution and the Federal High Court has no jurisdiction whatever in the matter. The Court of Appeal was, therefore, not in error of law to hold that the Federal High Court has no jurisdiction to grant the two reliefs.

“Since the apex court has said that the right to be an Emir is not a fundamental right under chapter four of the Constitution, the Federal High Court sitting in Kano ought to have declined jurisdiction to continue to entertain the dispute over the chieftaincy matter in Kano. In any case, the allegation of infringement of the fundamental rights of the Applicants is an ancillary claim to the substantive reliefs emanating from the deposition and reinstatement of the embattled emirs.”

In FCMB Plc v Nyama (2014) LPELR-23973 AT 19-20, the Court of Appeal held that: “Now it is settled that where an application is made under the fundamental Right (Enforcement Procedure) Rules, a condition precedent to the exercise of the court’s jurisdiction is that the enforcement of fundamental rights of the securing of enforcement thereof should be the main claim and not the accessory claim. Where the main or principal claim is not the enforcement of fundament right, the jurisdiction of the court cannot be properly exercised under Fundamental Rights (Enforcement Procedure) Rules.”

A Federal High Court in Kano last week ruled that it has jurisdiction to hear the human rights violation case filed by the dethroned Emir of Kano, Aminu Ado Bayero, and senior councillor, Aminu Dan’agundi, following the reinstatement of Emir Muhammad Sanusi II.

The court issued an ex-parte order preventing Governor Abba Yusuf of Kano from reinstating Sanusi until a substantive suit against the reinstatement is resolved.

The order also opposed the abolishment of four emirates—Bichi, Gaya, Karaye, and Rano—under a bill previously passed by the state House of Assembly.

Ending his submission, Falana said, “I submit, with profound respect, that section 254(C)(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended has not conferred jurisdiction on the National Industrial Court to hear and determine chieftaincy matters.

“However, a traditional ruler who was deposed by a state governor without fair hearing is not without a legal redress.”

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