A Kano Federal High Court sitting on Thursday, at Court road, has reserved, date to deliver judgement on the fundamental human rights of the the deposed Emir of Kano, Aminu Ado Bayero.
However, the presiding judge, Justice Simon Amobeda reserved the date following a heated argument between counsels.
It will be recalled that the applicant, (Aminu Ado Bayero) filed a motion exparte seeking the court to restrain the defendants from arresting or infringing on his rights.
Also, it will be recalled that the respondents in the suit are the Attorney General of the Federation, Attorney General of Kano State, Nigeria Police Force, IGP, Commissioner of Police in Kano, DSS, NSCDC, Nigerian Army, Nigerian Airforce and Nigerian Navy.
On Friday ,when the case came up for hearing , counsel to the 2nd respondent, Mahmoud Abubakar Magaji SAN informed the court that he had filed a preliminary objection dated May 30th and filed May 31st on four grounds bothering around his fundamental rights and the Kano emirate repealed law.
Magaji said that “We filed our 21 paragraph counter affidavit deposed by Abudullahi Garko and written address dated May 31st on point of law.”
The Counsel to the second respondent,then urged the court to dismiss and strike out the originating summon.
He therefore told the court that “being an emir is a privilege and not a right.
According to him,the applicant filed his application five days after he was removed. At the time of filing he, is no longer an emir and if that was established, tmhe has no rights. We submit that the purported right does not exist.
He also informed the court that “The applicant has agreed that he was removed but without fair hearing. I urge your lordship to refuse to hear their application. I urge the court to discountenance the originating summon.”
Magaji also filed a motion on notice to set aside the exparte order earlier granted by the court retraining them from arresting, intimidating or harassing him.
Earlier the Counsel to applicant, Michael Jonathan Numa SAN, argued that the court has jurisdiction to entertain the matter as it bothers on the fundamental rights of the applicant.
Numa also filed an originating motion dated May 27 in support of affidavit and a written address. He urged the court to accept the fundamental rights suit in the interest of justice for the peace of Kano and Nigeria.
However,at the beginning of the sitting, he informed the Court of their decision to withdraw prayer one and two out of their prayers.
Numa therefore urged the court to dismiss the preliminary objection of the respondents which he adjudged as unmerited.
Justice Amobeda, the judge of the court told the two parties that a date to deliver judgement will be communicated to them
