Home NEWS Kano NBA Members Respond to Chairman’s Position on Court Order Enforcement in...

Kano NBA Members Respond to Chairman’s Position on Court Order Enforcement in Dispute

Twenty-four members of the Kano Nigerian Bar Association (NBA) have responded to the Branch Chairman, Barrister Sagir Suleiman Gezawa’s position on the proper mode of enforcement of a court order in dispute.

In a statement jointly signed on Saturday, the members cautioned Kano NBA Chairman Gezawa against engaging the branch in partisan politics.

Read the full details….

KANO EMIRSHIP TUSSLE: REJOINDER TO NBA KANO BRANCH CHAIRMAN(SAGIR SULEIMAN GEZAWA, ESQ) ON THE PROPER MODE OF ENFORCEMENT OF ORDER OF COURT AND A CLARION CALL NOT TO ENGAGE THE NBA IN PARTISAN POLITICS 26TH MAY, 2024

We read with concern the statement issued by the Chairman in respect of the Kano Emir-ship Tussle and the Chairman emphasized that it was issued as a body.

We believe such a statement is the personal opinion of the Chairman because we were never consulted and it is never our opinion and never the opinion of members of the Kano Branch. The Chairman is to express the view of the Branch and not his personal opinion. The statement issued by the Chairman has more of political undertone than Law which the NBA as a pressure group should not engage in.

Read Also: Kano Lawyers Sue NBA Over Election Eligibility Criteria

The Chairman showed deep concern in the following areas regarding the Repeal of Kano Emirate Council Law 2019 which we shall also state our opinion accordingly:

1. The Chairman stated that it is within the constitutional duty of a State Assembly to legislate and once passed it remains the prerogative of a Governor to assent to such Law.

The Chairman should however be reminded that both the House of Assembly and the Governor are all subject to the powers of Court of Law.

Read Also: Gov. Yusuf Orders Arrest of Deposed Emir of Kano Aminu Ado Bayero

2. The Chairman stated that once assented to by the Governor, it has become a Law and its implementation is to be done by state apparatus and of course enforced by a competent court of law.

The Chairman seems to be oblivious of the Order of the Federal High Court, Kano dated 23rd May, 2024 in suit no. FHC/CS/182/2024 suspending the implementation of the 2024 Emirate Council (Repeal) Law which repealed the Emirate Council Law of 2019. Also, Laws are not implemented by state apparatus only but by all authorities and persons. See section 287(3) of the Constitution.

3. The Chairman stated that it is within the purview of courts to interpret such Law to be in tandem with other existing laws or the Constitution.

Read Also: Lawyers ‘ve great role for sustainance of Nigeria as democratic nation – NBA President

That was why the Federal High Court has ordered that the Law 2024 Emirate Council (Repeal) Law should not be implemented until after the Court has determined the constitutional issues before the Court. This is well founded so as not render a situation of helplessness at the end of the case and the decision of the Court may be rendered useless if the act prevented by the Court is completed in defiance of the Order of the Court.

4. The Chairman stated that in doing so, he urge our members to act responsibly in approaching courts with competent jurisdiction.

However, the NBA cannot determine which Court has jurisdiction and which Court has no jurisdiction. It is an issue to be canvassed and ventilated before the Court and for the Court to determine and not for the social media to determine.

5. The Chairman stated that a court order, once given is sacrosanct and must be obeyed. That is the motto of this association, “promoting the rule of law.”

The NBA should however not be seeing to be promoting politics and becoming partisan.

6. The Chairman stated that it must however be noted that court has its own mechanism of enforcing its order, it’s not within the powers of the Nigerian Army to deploy troops to enforce court order. That is a sad reminder of the military dictatorship and must be condemned.

We believe this is the crux of the Chairman’s statement such as he condemns the Army’s intervention so also we condemn his statement because there is no basis to condemn the Military his condemnation is without any legal basis. May we remind the Chairman that just the Kano State Commissioner Police vowed to obey Court Order, so also the Military are there to enforce the Court Order and they all have constitutional backing. Section 287(3) of the Constitution provides thus:

“The decisions of the Federal High Court, a High Court and of all other courts established by this Constitution shall be enforced in any part of the Federation by all authorities and persons, and by other courts of law with subordinate jurisdiction to that of the Federal High Court, a High Court and those other courts, respectively.”

There is a Federal High Court Order. The Police, Army, SSS etc are all authorities which are duty bound to enforce the said order.

We are therefore of the view that there is no any legal basis to condemn the Army for enforcing Court Order. This uncalled condemnation is the more reason why we felt the NBA Chairman is dragging the NBA into politics.

This is because it is the Army that reports have it that they accompany His Highness Alhaji Aminu Bayero to the Palace at State Road. So, all reasonable persons will definitely conclude that the Chairman is siding the Kano State Government in reinstating His Highness Muhammad Sunusi II in defiance of the order of the Federal High Court which suspended the implementation of the 2024 Emirate Council (Repeal) Law pursuant to which the Governor appointed His Highness Muhammad Sunusi II. One may conclude that it is the Chairman that is rather encouraging and backing the disobedience of Court Order which may result in breach of the peace and not the Army.

The Chairman acted dictatorial and autocratic rather than democratic because the Chairman is supposed to consult and respect the views of members and not to dictate to them.

7. The Chairman has also stated that anyone found wanting or in disobedience of a court order (which is declaratory in nature) must first be proved to have been notified of the existence of the said court order by issuance of Form 48 and subsequently Form 49 notifying such person of the consequences of his or her actions. This is in line with the Sheriff and Civil Processes Act and Laws of the various States for enforcing court judgments.

We feel this statement is premature. Neither Army nor the Police have said that they are punishing anyone for contempt of Court. Contempt of Court can only be pronounced upon by the Court and it is the Court that issues Forms 48 and 49 and not the Army. Whether there is contempt or not is for the Court to determine and not the NBA Chairman.

This statement and act of the Chairman is also not only clearly showing that he is siding the Kano State Government but also an attempt to usurp the powers of the Court.

8. The Chairman stated that engaging security apparatus without the officers of the Deputy Sheriff’s Department of the relevant court that made the order may appear to be self help which must also be condemned.

We call on the Chairman to provide the Law that stipulated that whenever an order of Court is to be enforced the officers of the office of the Deputy Sheriff must be involved. Such an assertion clearly negates the purport of section 287(3) of the Constitution above.

9. The Chairman stated that as an association therefore, we call on all state actors, to be mindful of their oaths of office and for the security agencies, their scope of duties so as not to make mockery of our judicial system.

It is rather the Chairman that should be mindful of his actions and opinions which have no legal backing so as not to make mockery of our judicial system and the NBA.

10. The Chairman stated that the Army should as well be mindful of the fact that their actions may breach the security and peace of Kano State and they shall be held accountable in this life or the next.

We however see nothing wrong in the actions of the Army. They are here to maintain Law and Order and peaceful coexistence. It is the Chairman that should rather be mindful of his actions of encouraging the Kano State Government to disobey Court Order which may cause breach of peace and security and he shall be held accountable in this life or the next.

Read Also: Police who Allegedly Killed Lagos Based Lawyer Arraigned, NBA President Attends Sitting

We finally state that the statement issued by the Chairman is his personal opinion and not the opinion of members of the NBA and he should please desist from any act of dragging the NBA into the mud of politics.

The Chairman should be called to order.

1. Abdurrazaq A. Ahmad, Esq
2. Asma’u Sulaiman Esq
3. Tahir Muhammad Bello, Esq
4. Bashiru Ibrahim, Esq
5. Jazuli Mustapha Esq
6. Garba Abubakar Esq
7. Shehu Muhammad Yakubu Esq
8. Usman Sani Salihu Esq
9. Hadiza Nasir Esq
10. Hajara Yusuf Esq
11. A. A. Muhammad Esq
12. Khalid Sani Marshall Esq
13. Danjuma Siaka Esq
14. Abdulgafar Murtala Esq
15. Sani Bala Wada’u Esq
16. Faisal S. Abubakar Esq
17. Tajudeen Alhassan Esq
18. Fatima Auwal Lawal Esq
19. Abubakar Sunusi Alkali Esq
20. E.O Kennedy Esq.
21. Sani Lawan Esq
22. Ibrahim G. Labaran Esq
23. Yusuf Issa Oluwanishola Esq
24. Abubakar Shuaibu Esq

Justice Watch News recalled that the NBA Kano Branch Chairman, Barrister Sagir Suleiman Gezawa, in a signed statement, dated 25th May, 2024 mentioned that the branch is closely monitoring the developments surrounding the repeal of the Kano Emirate Law Council Law 2019.

The Chairman outlined the various stages involved in the process of repealing a law by the state house of assembly.

Read the details….

The Kano Branch of the NBA is following with keen interest the development regarding the Repeal of Kano Emirate Council Law 2019.

As a body of lawyers, we are deeply concerned about these developments in many ways including:
1.It’s within the constitutional duty of a State Assembly to legislate and once passed it remains the prerogative of a Governor to assent to such Law.

2.Once assented to by the Governor, it has become a Law and its implementation is to be done by state apparatus and of course enforced by a competent court of law.

Read Also: Work with Law Enforcement Agencies to Curb Corrupt Practices, ICPC Boss Advises NBA, Lawyers

3.It’s further within the purview of courts to interpret such Law to be in tandem with other existing laws or the Constitution.

4.In doing so, we urge our members to act responsibly in approaching courts with competent jurisdiction.

5. A court order, once given is sacrosanct and must be obeyed. That is the motto of this association, “promoting the rule of law.”

6. However, it must be noted that court has its own mechanism of enforcing its order, it’s not within the powers of the Nigerian Army to deploy troops to enforce court order. This is a sad reminder of the military dictatorship and must be condemned.

7. Anyone found wanting or in disobedience of a court order (which is declaratory in nature) must first be proved to have been notified of the existence of the said court order by issuance of Form 48 and subsequently Form 49 notifying such person of the consequences of his or her actions. This is in line with the Sheriff and Civil Processes Act and Laws of the various States for enforcing court judgments.

Read Also: Paris-bound bizman excretes 111 wraps of cocaine at Abuja airport

8. Engaging security apparatus without the officers of the Deputy Sherrif’s Department of the relevant court that made the order may appear to be self help which must also be condemned.

As an association therefore, we call on all state actors, to be mindful of their oaths of office and for the security agencies, their scope of duties so as not to make mockery of our judicial system.

They should as well be mindful of the fact that their actions may breach the security and peace of Kano State and they shall be held accountable in this life or the next.

Sagir Suleiman Gezawa
CHAIRMAN
NBA, Kano Branch

LEAVE A REPLY

Please enter your comment!
Please enter your name here