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Kano Emirate Tussle: State Assembly alleges bias, asks Appeal Court to take over proceedings
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the first, fourth, fifth, sixth, and seventh respondents from enforcing or attempting to further enforce the repealed Kano State Emirates Council Law, a law which was no longer extant, pending the hearing and determination of the appeal before the Court of Appeal.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.”
Nasiru Yusuf Ibrahim
Nafisah Yusuf Hassan, a magistrate in Kano State, has been recommended for appointment as a judge of the Kano State High Court by the National Judicial Council (NJC).
KANO FOCUS reports that Hassan is among four judicial officers from Kano State recommended for elevation to the High Court bench out of 28 candidates selected nationwide.
The other nominees are Halima Yahuza Ahmad, Abdullahi Abdulsalam Bature and Musa Ibrahim Umar.
The NJC disclosed the recommendations in a statement issued by its Deputy Director of Information, Kemi Babalola-Ogedengbe, following its consideration of candidates for judicial appointments across the country.
The council said all recommended candidates were expected to be sworn in by their respective state governors without delay.
Hassan’s recommendation follows her years of service in the Kano State judiciary, where she has reportedly distinguished herself through diligence, professionalism and careful handling of cases.
She has been commended for her commitment to judicial ethics, diligence and fairness in the discharge of her responsibilities, achievements that contributed to her career progression within the judiciary.
Her elevation is part of a broader development in the Kano State judiciary, with four magistrates from the state successfully scaling the selection process for appointment to the High Court.
The four nominees were reportedly assessed during the selection exercise and demonstrated strong professional competence, while their service records were found to be free of adverse remarks.
Their recommendation marks a significant step in their judicial careers and is expected to strengthen the judicial workforce in Kano State upon their formal appointment.
Nasiru Yusuf Ibrahim
The Kano State Accountability Forum on Education (K-SAFE) says it has tracked nearly 1,000 education projects across the state as part of efforts to promote transparency, accountability and effective service delivery in the education sector.
KANO FOCUS the coalition’s Co-Chair, Dr Auwalu Halilu, disclosed this on Wednesday during an advocacy visit to the Kano State Ministry of Public Procurement and Project Monitoring.
Dr Halilu said K-SAFE had monitored projects in more than six local government areas, covering interventions implemented by the State Universal Basic Education Board (SUBEB), Kano State Senior Secondary Education Management Board and Local Education Authorities (LEAs).
He explained that the monitoring exercise involved physical inspections and documentation of projects through photographs, videos and geographical locations.
According to him, reports of the findings had been submitted to relevant ministries, departments and agencies (MDAs), highlighting projects that met required standards and those requiring further attention.
He cited Rimin Gado Local Government Area, where the coalition tracked more than 80 education projects, adding that it planned to extend the exercise to all 44 local government areas of the state.
The K-SAFE Co-Chair said the visit was aimed at presenting the coalition’s activities to the ministry and exploring areas of collaboration in procurement and project monitoring.
He called for the inclusion of civil society organisations in procurement and monitoring processes, particularly tender board activities and field inspections, to strengthen independent oversight and provide them with firsthand information on government projects.
Dr Halilu also requested the ministry’s support in organising capacity-building programmes for civil society organisations on procurement procedures, due process, project standardisation, monitoring and evaluation.
He said such training would enhance civil society organisations’ understanding of procurement regulations and the technical requirements guiding project implementation.
Responding, the Commissioner for Public Procurement and Project Monitoring, Dr Nura Iro Ma’aji, welcomed the delegation and acknowledged the coalition’s contributions to supporting the state government’s efforts in the education sector.
He expressed the ministry’s readiness to collaborate with K-SAFE through information sharing and other relevant engagements to strengthen accountability and ensure compliance with due process.
“From our side, we are ready to work together because we know what they have been doing to support Kano State Government in the education sector,” he said.
Dr Halilu further disclosed that the coalition and its partner organisations had carried out the monitoring exercise without financial sponsorship, describing it as a demonstration of their commitment to transparency and accountability.
He reaffirmed K-SAFE’s commitment to sustaining engagement with relevant government agencies, civil society organisations and the media to strengthen oversight of education projects across Kano State.
Ibrahim Khalil
Government Secondary School (GSS) Army Day Bukavu has emerged champion in both the male and female categories of the maiden Kano State Secondary Schools Tug of War Competition.
KANO FOCUS reports that the school clinched the double victory at the competition, which ended on Wednesday at the Kano Pillars Stadium, Sabon Gari, Kano.
Governors College finished as runners-up in the male category, while Government Girls College (GGC) Kano secured second position in the female category.
The competition was organised by the Kano State Tug of War Association in collaboration with the state Ministry of Education, the National Drug Law Enforcement Agency (NDLEA) and the Kano State Sports Commission.
The maiden championship brought together secondary school students to promote teamwork, discipline, unity and sportsmanship, while raising awareness about the dangers of drug abuse.
Speaking at the closing ceremony, the Vice Chairman of the Kano State Tug of War Association, Jamilu Uba Adamu, described the competition as a successful initiative that had achieved its objectives.
He commended the Ministry of Education, Sports Commission, NDLEA, Gongoni Company Limited and MAGZO Pharmaceutical for supporting the event, particularly through the provision of T-shirts and Pocari Sweat drinks.
Also speaking, the Secretary of the Kano State Tug of War Association, Bashir Muhammad Sulaiman, who represented the Executive Chairman of the Sports Commission, Muhammad Tukur Babangida, reaffirmed the commission’s commitment to developing grassroots and school sports.
He said the initiative would help identify and nurture young sporting talents across the state.
The closing ceremony was attended by a member of the Kano State Football Association Board, Rilwanu Idris Malikawa Garu, representatives of the Ministry of Education, NDLEA, the Sports Commission and other stakeholders in the sports sector.
The organisers congratulated the winning schools and commended all participating institutions and partners for contributing to the success of the maiden edition.
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