Justice A. M. Liman of the Federal High Court in Kano State, yesterday, validated the Kano Emirates Council Law 2024, as passed by the state House of Assembly and signed into law by the governor, Mr Abba Yusuf.
However, he voided all the steps taken by the state government after the court’s earlier interim order which had effectively stopped the implementation of the Emirate Council Law 2024 pending the determination of a petition filed against the state government.
He held that the defendants were aware of the interim order granted by the court but chose to ignore it and went ahead with implementation of the law.
The court also nullified the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano, as part of the consequences of actions by the state government which came after the fact, and were in disobedience of the interim order of the court.
Liman ordered the parties involved to maintain the status quo pending the determination of the case.
He held that the defendants were aware of the interim order granted by the court, but chose to ignore it and go ahead with implementation of the law.
The judge stated that every aspect of the process undertaken by the Assembly to refill the 2024 law was null and void, saying he would assume his coercive powers to enforce compliance with his order.
He said: “I hereby order that every step taken by the government is hereby nullified and becomes null and invalid and that this does not affect the validity of the repealed Emirates Law but actions taken by the governor, which includes the assenting to the law and the reappointment (of Sanusi).
“I have listened to the audio of the governor both in Hausa and English after assenting to the law, and I am convinced that the respondents are aware of the order of maintaining status quo pending the hearing and determination of the motions on notice in the court.
“Having been satisfied that the respondents are aware of the court order, the court in exercise of its powers set aside an action, because it is in violation of the court’s order.
“I think it is a very serious matter for anyone to flout the orders of the court and go scot-free with it.”
According to the judge, the catastrophic situation could have been averted if the respondents followed due process by complying with the court order, which would still have allowed them to carry out their assignments.
Liman stated that the respondents decided to act according to their whims and caprices, a situation that landed them in a serious mess.
He, however, transferred the case to Justice Simon Amobeda for continuation in view of his elevation to the Court of Appeal.
