Lawyers and Civil Society Organisations across the country yesterday expressed divergent views over last Thursday’s court ruling that voided the appointment of Muhammadu Sanusi II as the 16th Emir of Kano and the declaration by the Kano State government that Sanusi remains the emir of the ancient kingdom.
He voided all the actions taken by the governor after the court order, including the appointment of Sanusi as emir, and ordered all parties in the case to maintain the status quo. “By implication this means that Muhammadu Sanusi II remains the emir of Kano. The judge also granted our application for the stay of proceedings until the Court of Appeal deals with the appeal before it on jurisdiction.
“Of course, there is a huge question as to the lawfulness of the entire proceedings. The law being challenged was assented to at 5.10 pm on May 23. At that time, no registry was open anywhere in Nigeria. Where was the case filed and at what time for the judge to have issued an order on May 23?” he queried.
The group said the judgment vindicates the popular stance on the illegality of the Kano State government’s actions in dissolving the Kano emirates and dethroning Emir Ado Bayero. “We have been reminded that might is not right and that the will of the people matters in addition to the demonstration that those who are on the right side need not resort to violence to defend their rights.
“The judiciary has given the rude awakening that it is there to correct the conversion of the Kano State House of Assembly into the rubberstamp factory that churned out destructive legislations to satisfy Governor Yusuf’s whims. An Abuja based legal practitioner and rights activist, Okueyelegbe S. Maliki, on his part, noted that it is settled in law that a court judgment, no matter how wrongly made, is valid and subsisting until set aside by an appellate court.
“Whatever be the problem in Kano State cannot erode the validity of the law that removed the former emir. At the same time, another court granted an order restraining every action. In this case, which one is the status quo? Does that mean that Sanusi should remain or not? So, there is conflict in the judgment that is making it difficult to interpret.
“The matter in both states should be properly handled. Our security agencies must be firm and professional in their handling of these two situations otherwise it will escalate and the outcome nobody can predict,” Ejiofor stated.
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