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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the first, fourth, fifth, sixth, and seventh respondents from enforcing or attempting to further enforce the repealed Kano State Emirates Council Law, a law which was no longer extant, pending the hearing and determination of the appeal before the Court of Appeal.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
Imam Nura Garba Mato has urged Muslims to remain conscious of their actions, saying that divine reward and punishment often correspond to the nature of people’s deeds.
KANO FOCUS reports that the imam made the call while delivering a Friday sermon at Jami’u Ansar wal Muhajirun Jumaa Mosque, Cotton Ginnery Layout, Zawaciki, Kano State.
The sermon, titled “Al-Jazā’u Min Jinsil-‘Amal” (Recompense Is According to the Nature of Deeds), focused on the Islamic teaching that people’s actions have consequences and that good deeds attract divine reward.
Imam Mato said Allah had established enduring principles in human life that do not change, urging Muslims to understand these principles and allow them to guide their conduct.
He explained that one of these principles was that recompense corresponds to the nature of one’s actions, stressing the importance of living righteously and fulfilling one’s responsibilities to Allah and fellow human beings.
The imam called on Muslims to observe *taqwa* (consciousness of Allah), remain steadfast in their faith and follow the teachings and traditions of Prophet Muhammad (peace be upon him).
He also highlighted the importance of helping people in difficulty, easing the burdens of others and showing compassion to fellow Muslims.
Quoting a prophetic tradition, the imam emphasised that whoever relieves a Muslim of a hardship in this world will receive relief from Allah on the Day of Resurrection.
He further explained that whoever conceals the faults of a fellow Muslim would receive Allah’s concealment of their faults on the Day of Resurrection, while those who make things easier for people in difficulty would receive Allah’s assistance in this world and the Hereafter.
The sermon also underscored the importance of supporting others, noting that a Muslim’s relationship with Allah should be reflected in their treatment of fellow human beings.
Imam Mato urged Muslims to reflect on their deeds and recognise that their conduct carries consequences, encouraging them to embrace good actions, assist those in need and uphold the teachings of Islam in their daily lives.
He stressed that Muslims should make righteousness, compassion and service to others central to their lives in pursuit of Allah’s pleasure and success in the Hereafter.
Nasiru Yusuf Ibrahim
The Kano State Government has directed all civil servants who have attained their statutory retirement age or completed the required length of service to immediately vacate their offices and hand over government property in their possession.
KANO FOCUS reports that the directive was contained in Circular issued on Tuesday by the Establishment Directorate, Office of the Head of Civil Service, Kano State.
The circular, signed by the Permanent Secretary, Establishment, Abba A. Danguguwa, on behalf of the Head of Civil Service, was titled: “Unauthorized Continuance in Service After Statutory Retirement by Civil Servants in Ministries, Departments and Agencies (MDAs) of Government – Call for Immediate Handing Over of Official Documents, Properties.”
The government said it had observed that some civil servants continued to remain in office and operate in official capacities after reaching their statutory retirement period.
According to the circular, such conduct was a “negation to the reputation of the Civil Service of Kano State,” noting that the service had a long-standing tradition of ensuring seamless transition by retiring civil servants.
It described the continued stay in service after retirement as a direct infraction and aberration of relevant provisions of the State Civil Service Rules and other applicable service regulations.
The government stressed that it was legally and administratively untenable for any officer to remain in service or perform official functions beyond the statutory limit.
Consequently, all civil servants who had retired either by age or length of service were directed to immediately exit and hand over all official documents, government property and duties to their immediate subordinates in their respective ministries, departments and agencies.
The circular also directed all Accounting Officers, including Permanent Secretaries and Chief Executives, as well as Directors of Administration and Personnel Management, to ensure strict and immediate compliance with the directive.
It warned that any officer found aiding, abetting or condoning the continued stay of a retired officer in service would face appropriate disciplinary action in accordance with the Civil Service Rules.
The directive takes immediate effect, the circular stated.
Nasiru Yusuf Ibrahim
Kano State Governor Abba Kabir Yusuf says his administration has settled approximately N32 billion out of the N48 billion inherited backlog of gratuities and related liabilities owed to retirees in the state.
KANO FOCUS reports that Gov Yusuf disclosed this on Thursday while addressing residents at the 66th Independence Anniversary celebration held at the Sani Abacha Indoor Stadium in Kano.
The governor said the government had also sustained the regular payment of monthly pensions while increasing the minimum monthly pension from N5,000 to N20,000.
He said the welfare of workers and pensioners remained a priority of his administration, citing timely payment of salaries, improved remuneration and measures aimed at strengthening the public service.
According to him, the state has maintained the practice of paying workers’ salaries on or before the 25th of every month while implementing the N71,000 minimum wage for civil servants.
Gov Yusuf also said his administration was sponsoring public servants for professional training, including programmes at the Administrative Staff College of Nigeria (ASCON), to strengthen their administrative and leadership capacity.
He reaffirmed the government’s commitment to building a professional and motivated workforce, while ensuring that the contributions and sacrifices of serving workers and retirees were recognised and treated with dignity.
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