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Kano Emirship: FHC fixes June 13 for ruling on jurisdiction …Status Quo Remains Intact – Judge

Justice Watch News Emir

A Federal High Court sitting in Kano has fixed 13th June, 2024 to deliver a ruling on jurisdiction to hear an alleged fundamental right violation to fair hearing filed by Sarkin Dawaki Babba Alhaji Aminu Babba Dan’agundi, challenging Kano State Government, Kano State House of Assembly, its Speaker and others from implementing and operationalising Kano State Emirate Council Law 2024.

It could be recalled that the Applicant approached the Federal High Court seeking the enforcement of fundamental rights to fair hearing alleging that he was not involved in the entire process of repealing the Kano State Emirate Council Law 2019 in his capacity as kingmaker.

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Consquently, the court presided over by Justice A.M Liman gave an interim order dated 23 May, 2024 restraining the Respondents in the case from action and ordered the maintainance of the status quo pending the hearing and determination of the motion on notice.

The presiding judge suo motu further directed all counsel in the case to address the court on the issue of jurisdiction.

When the case resumed Thursday for hearing, counsel for the respective parties extensively argued for and the against the Federal High Court’s jurisdiction to hear the case.

In his submissions, Counsel to the Applicant, Barrister Muhammad Sai’d Waziri said he fìled a Written Address dated 6th June, 2024, insisting that the Federal High Court has jurisdiction to hear the case of alleged rights violation.

The counsel maintained that his client ought to have been involved in the process of repealing The Kano State Emirate Council Law, 2019 in his capacity as kingmaker.

He urged the court to assume jurisdiction and dealt with the subject matter on merit.

In his response, counsel to the defendants Mahmoud Magaji SAN, told the court that he filed his written address incompliance with the rule of the court he has filed a Written Address dated and filed Thursday, seeking the court to decline jurisdiction.

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In his further submissions, the counsel to the defendants Magaji argued that the issue is about the functions of Kano State House of Assembly, which constitution of Federal Republic of Nigeria empowered to make Law or Repeal it pursuant to the provision of section 4 òf the constitution.

The counsel further submitted that the whole issue centered around Kano State Emirate Council Repeal Law 2024.

He also said the Applicant has no any relevance after the Kano State House of Assembly repealed the law and assented to by Kano State Governor.

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Magaji SAN, added that the Applicant approached the court after the Kano State Emirate Council Law 2024 has been signed into law, he further described the action of the Applicant as belated.

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