Following the passage of the Kano Emirates Council Regulation (Repeal Invoice) 2024 by the Kano State Home of Meeting, which was assented to by the Govt Governor of Kano State on Thursday, Could 23, 2024, at 5:10 PM, the regulation dissolved the 5 Emirates created by the previous Governor of the State, Abdullahi Umar Ganduje. These included Bichi, Rano, Gaya, Karaye, and the Kano Emirate, which contains eight Metropolitan Native Governments. The brand new regulation reinstated His Royal Highness Sanusi Lamido Sanusi because the sixteenth Emir of Kano.
On the identical day, the fifteenth dethroned Emir of Kano (Alh. Aminu Ado Bayero) was not in Kano however returned to occupy the Nassarawa Emir Palace. This example created important stress in Kano. To alleviate the strain, the Govt Governor of Kano State ordered the Police to arrest the dethroned fifteenth Emir, who was accused of fueling the strain.
In response to the arrest order from the governor, the dethroned Emir filed a go well with by way of the Enforcement of Elementary Human Rights on the Federal Excessive Court docket, looking for to implement his proper to motion and his proper to reside wherever in Nigeria, together with Kano State. In keeping with the customs and traditions of the normal establishment such because the Kano Emirate, it’s customary for an Emir to vacate the Kano Emirate territories after being dethroned.
Constitutionally, each Nigerian has the fitting to reside wherever in Nigeria. By the supremacy of the Structure, any regulation or customized that contravenes its provisions the Structure shall prevail. Primarily based on the Federal Excessive Court docket’s resolution, the fifteenth dethroned Emir has the fitting to motion and the fitting to reside wherever in Nigeria; nevertheless, these rights don’t allow occupying another person’s property with out the proprietor’s consent.
Staying within the Nassarawa Emir Palace with out the prior consent of the proprietor constitutes trespass. It’s well-known that basic human rights have limitations. Peace and safety can prohibit these rights, which is one purpose the Kano State Authorities ordered the eviction of the dethroned fifteenth Emir of Kano from Nassarawa Emir Place.
In one other growth, the Kano State Lawyer Normal and Commissioner for Justice, Haruna Isah Dederi, said at a press convention that the dethroned monarch needs to be evicted as a result of preparations had been underway for the reconstruction and renovation of the Nassarawa Emir Palace.
The then Kano State Commissioner of Police responded: “The federal government is leaping the gun as a result of the identical authorities has filed a case relating to the eviction order, which is scheduled for a listening to on June 24, 2024. If we feature out the order, it will be like we’re preempting the court docket, as we don’t know what’s going to occur there.”
Following the place of the Commissioner of Police, the Kano State Excessive Court docket ordered as follows: “An order is hereby granted to the extent that the Commissioner of Police, Kano State, ought to instantly take possession of the palace of the Emir of Kano positioned on State Highway, Kano, and evict the dethroned Emir.”
Following the court docket order, the Kano State Authorities directed the State Commissioner of Police to take away the deposed monarch from the Nassarawa Emir Palace, the place he was alleged to have trespassed, as the federal government had already concluded preparations for the final reconstruction and renovation of the property, together with the demolition and reconstruction of the dilapidated wall fence, with instant impact.
Nevertheless, the then Commissioner of Police, Mohammed Gumel, said that the police would obey the order, which restrained the Kano authorities from taking additional motion or executing the brand new regulation (events to keep up the established order). He was quoted as saying, “The Police Command is expressly obeying the court docket order in SUIT No. FHC/KN/CS/182/2024 dated Could 23, 2024, issued by the Federal Excessive Court docket sitting in Kano, alongside different regulation enforcement businesses within the state.”
From the foregoing background, it needs to be understood that the first exterior affect was the escort of the then Emir by safety personnel from Abuja to Kano, who settled on the Nassarawa Emir Palace. These safety personnel remained with him and continued to offer particular safety till the current day.
The second exterior affect occurred when the police had been ordered by the Kano State Authorities to evict the then Emir, however the police responded that they wanted to attend for a court docket order because the authorities had filed a case for eviction, with June 24, 2024, set for the listening to. After the court docket listening to on that date, the court docket issued an eviction order; nevertheless, the police said they had been certain by the Federal Excessive Court docket order reasonably than the State Excessive Court docket.
Third, because the Kano State Authorities wanted to recuperate its property, which the dethroned monarch was alleged to have trespassed upon, the correct process would have been to go to the Lease Restoration Tribunal and file an motion for restoration of its property. The Lease Tribunal is the one court docket with main jurisdiction to evict the then Emir, other than the State Excessive Court docket. The Kano State Authorities went to court docket, because it was a court docket with particular jurisdiction, and obtained an eviction order, which was introduced to the police for execution. Nevertheless, as regular, excuses had been introduced and the police uncared for to conform.
Regardless of all efforts had been made to evict the dethroned monarch, however proved abortive. This raises the query: Why might the police not evict the dethroned monarch from the Nassarawa Emir Palace?
It’s price recalling that the Deputy Governor of Kano State, Aminu Abdussalam, alleged that the Nationwide Safety Adviser (NSA) to President Bola Ahmad Tunubu was behind all these. However he was pressured to retract his allegation. Many observers are nevertheless questioning whether or not the NSA might have saved the state of affairs. Has anybody the ability to instruct Troopers, DSSS and the Police to observe and escort the dethroned monarch from Abuja to Kano and to have surrounded the palace and proceed offering particular safety guards, apart from the NSA?
The NSA acts on behalf of the President of the Federal Republic of Nigeria, he co-ordinates administration of all Nationwide Safety issues as principal adviser on state safety. NSA is the important thing Nigerian principal officer on safety and is the one one which has whole management over all the safety businesses. This can be among the many purpose that triggered the allegation made by the Deputy Governor of Kano State for NSA’s intervention of Emirate tussle.
Some are of the view that other than the above allegation of intervention of the NSA, the 2027 Politics was began utilizing Emirate Tussle whereas some viewers had said that it was the Kano State Authorities that prompted it and similar shall be blamed not the NSA, Federal Authorities or anybody else. In keeping with them, Kano State Authorities mustn’t cry for exterior affect however reasonably blame itself.
Nevertheless, purpose of peace is supreme and no matter purpose that conflict with purpose of peace, the rationale of peace shall prevail. Predicated upon this level, all of the stakeholders ought to rethink peace in Kano by doing the needful as the present place will not be useful.
Earlier than January 10, 2025 the dethroned monarch in addition to the police had purpose to cling on the Court docket Order made by the Federal Excessive Court docket however now because of the judgment of the Court docket of Attraction delivered on January 10, 2025 which nullified the Court docket Order made by the Federal Excessive Court docket having made the order with out jurisdiction, the dethroned monarch has no purpose to remain in Kano whereas the police has no purpose to refuse to adjust to the instruction of the Kano State Authorities.Gandu, a Lawyer, wrote from Kano.