By Ikechukwu Nnochiri & David Odama

THE 14th Emir of Kano, Muhammdu Sanusi II, who was dethroned on Monday March 9 by Kano State Government and banished to Nasarawa state regained his freedom yesterday following an order of the Abuja Division of the Federal High Court. Justice Anwuli Chikere, while delivering a ruling in an ex-parte application the dethroned Emir filed through his team of lawyers led by Prince Lateef Fagbemi, SAN, held that Sanusi was entitled to his constitutionally guaranteed rights to personal liberty and movement.

Governor of Kaduna State, Mallam Nasir El-Rufa’i had visited him earlier yesterday as a mark of solidarity. He had honoured Sanusi with two appointments after the dethronement apparently to rubbish the actions of his Kano State counterpart who masterminded Sanusi’s controversial dethronement.

El-Rufai’s  convoy arrived the residence of the dethroned Emir at about 12:45 pm and went into a closed door meeting with him for over an hour. The Kaduna state governor and the deposed Emir declined comments to newsmen after the meeting as they drove straight to the mosque located at the Palace of the Emir of Awe.

Moments after securing the court order, Sanusi, accompanied by Kaduna state governor, left Awe, Nasarawa State where he had been banished  after his dethronement for Abuja en-route Lagos.

The mother of Muhammadu Sanusi had also visited her son before departing Awe. Dressed in a red gown, the former emir’s mother was accompanied by two ladies. Shortly after meeting with her son, Sanusi departed the town in the company of Governor El-Rufai.

A statement by the Kaduna State Government said El-Rufai visited “his long time friend, ideological soul mate and confidante as a mark of solidarity over his temporary travails at Awe town.”

El-Rufai was quoted as  saying that Sanusi was on his way to Lagos.

The statement, which was signed by Muyiwa Adekeye, Special Adviser on Media and Communication to the governor, said “the governor who drove from Abuja to Awe town, met His Highness in high spirits, demonstrating his usual calm, poise and regal bearing amidst what has befallen him in the last four days. His Highness seems to have taken all that happened in his stride but has reiterated his commitment to enforce his fundamental human rights”.

According to the special adviser,  El-Rufai arrived Awe town shortly before a Federal High Court sitting in Abuja had granted an interim order, releasing Sanusi from detention.

Mr Adekeye said the two men later drove to the mosque where Sanusi led the jumma’at prayer as hundreds of well-wishers lined up the road of Awe to hail the former emir on his way to the mosque and back to his residence.

The statement further said the duo rode in Governor El Rufai’s car to Abuja, from where Sanusi would proceed to Lagos where his family was already awaiting his arrival.

Sanusi was initially banished to Loko village in Nasarawa State after his dethronement, but later moved to Awe town. Though the dethroned Emir had since accepted his fate as the will of God, he however went to court to challenge the legality of his confinement in Nasarawa state.

Sanusi leads Jumat prayer

While leading the Friday’s Jumat prayers at the central mosque located at the Palace of the Emir of Awe, Sanusi admonished Muslim faithful to always obey God and accept Allah’s  judgement in whatever happens. He said  “whatever happens to anyone of us is destined by God, if not there is no way it would come to pass”.

While tasking Nigerians to continue to pray for peace and progress of the country at large, Sanusi also urged Muslims to fear God in all their activities, reminding them that every one of them must give account of his or her deeds hereafter. He tasked Nigerians to rise to the challenges confronting the nation in order to have a better society for the generation unborn.

Court orders his release

The Abuja Division of the Federal High Court, had also ordered that the dethroned Emir of Kano, Lamido Sanusi, should be granted his freedom.

The court, in a ruling by Justice Anwuli Chikere, held that Sanusi who was deposed as Emir by the Kaduna State government last Monday and forcefully taken to Awe in Nasarawa State where he was confined, was entitled to his constitutionally guaranteed rights to personal liberty and movement.

READ ALSO: el-Rufai explains appointments offered Sanusi

The ruling followed an ex-parte application the dethroned Emir filed through his team of lawyers led by Prince  Lateef Fagbemi, SAN, on Thursday.

Cited as respondents in the suit marked FHC/ABJ/CS/357/2020, are the Inspector-General of Police, the Director-General of the Department of State Service, the Attorney-General of Kano State and the Attorney-General of the Federation.

Meanwhile, Justice Chikere fixed March 26 to hear Sanusi’s substantive suit against the Respondents.

The the dethroned Emir had on Thursday, approached the court to enforce his fundamental human rights.

He specifically prayed the court to order his release from “the detention and or confinement of the respondents and restoring the applicant’s rights to human dignity, personal liberty, freedom of association and movement in Nigeria, (apart from Kano State) pending the hearing and determination of the applicant’s originating summons.”

The Applicant anchored his request on section 34, 35, 40, 41 and 46 of the 1999 Constitution, as amended, and Order 4 Rule 4 of the Federal High Court Civil Procedure Rules.

He also sought  an order granting him leave to effect service of the court order alongside the originating motion and subsequent processes on all the Respondents, through substituted means, by allowing the processes to be delivered to any officer in the office of the Respondents.

In the alternative, Sanusi sought  leave to publish the processes in at least one national newspaper.

He said: “Considering the status of the Respondents, it would be difficult to effect personal service on the 1st, 2nd and 3rd Respondents, unless this application is granted.

“1st, 2nd and 3rd Respondents will have knowledge of the originating motion for the enforcement of the Applicant’s fundamental right, if they are served by substituted means as stated on the motion paper.

“Applicant’s fundamental right to life, human dignity, personal liberty and movement are seriously under challenge and continually being breached by the Respondents.

“Exceptional hardship shall be caused to the Applicant before the service and hearing of the originating motion for the enforcement of his fundamental right.

“That 1st, 2nd and 3rd Respondents would not be prejudiced if this application is granted and it is in the interest of Justice to grant this application”, he added.

How he received dethronement letter

Sanusi Lamido Sanusi was deposed on March 9 2020 by Governor of Kano State, Dr Abdullahi Umar Ganduje who said he was acting on a resolution of the Kano State Executive Council.

The reason given in the letter of deposition of the Emir dated 9th March, 2020, was alleged

“disrespect to lawful instructions from the authorities’. The Emir was also alleged to have “refused to attend official programmes and meetings organized by the Government’,

Addressing newsmen on Tuesday March 10 on  the treatment given to Sanusi, his lawyer, Abubakar Balarabe Mahmoud, SAN, described Sanus’s dethronement and subsequent banishment as illegal and unconstitutional as “the Kano State Emirate Council Law which was recently enacted by the Government of Kano State does not give the State Executive Council or the Governor of Kano State the powers to unilaterally remove the emir”.

According to him, “Section 13 of the Kano Emirates Council Law 2019 cited in the letter of deposition empowers the Governor to depose an Emir only after due inquiry and in consultation with State Council of Chiefs. We are not aware of such due inquiry nor are we aware that the Kano State Council of Chiefs was at any time summoned to any meeting much less discuss the removal of the Emir or give any advise to the Governor on the deposition. Muhammadu Sanusi II was the Chairman of the Council and if such meeting was summoned, he would have been aware. He would have informed us. In our view the action was patently illegal and unconstitutional and a clear abuse of power”.

Speaking on how Sanusi received the letter dethroning him, the lawyer said, “Since the deposition was announced, I was at the Palace yesterday (March 9) afternoon in the company of one of my colleagues to consult with the Emir. We met him in good spirit in company of his family and a few associates. He said to us that he was waiting for the deposition letter from the Government House and was informed that the Commissioner of Police was on his way with certain government officials.

“While waiting there was commotion in the private wing of the palace as some unauthorized persons tried to gain entry into the family section. This led to some scuffle and teargas were fired by the security operatives. Normalcy was restored after the unauthorized persons with armed security operatives retreated from the inner part of the palace. I subsequently,  with my colleagues was able to meet with the Commissioner of Police and other security operatives and with the permission of the emir, they were led to one his sitting rooms where the deposition letter was served on him by an agent of the State Government.

“The Emir accepted the letter and decided to acknowledge it personally after writing some Quranic Verses in the Arabic script along with his signature. This was handed over the government official. In the letter of deposition, it was stated that the Emir was to be removed to Nassarawa State. We requested to know if he was under arrest and if so we needed to see the warrant. The Commissioner of Police informed us that he was not under arrest. We informed the Commissioner of Police that was illegal and violation of his constitutional rights to remove him to Nassarawa State against his wish. The Emir informed the Commissioner of Police that his friends had sent an aircraft to fly him and his family to Lagos and requested that they should be provided with necessary security to the airport so that he could leave.

“The Commissioner refused saying that was not their instruction. They were willing to allow the family to leave for Lagos but he was to be flown to Abuja then onwards taken to Nassarawa State. It was clear to us that both the Emir and ourselves were helpless and the police and other security agents were willing to take any measure and use force to achieve their objective. In order not to jeopardize the Emir’s safety or the safety of any member of his family or indeed other persons around, the Emir decided to cooperate and proceed in the vehicles provided by the operatives.

“We accompanied the Commissioner of Police to the Nigerian Airforce base in Kano where the Emir was put a private aircraft and departed at about 6.40pm. The family subsequently boarded the aircraft arranged by his friends and departed for Lagos about 15 minutes later.

VANGUARD