Almajiri not Islamic; unacceptable — Sanusi

…Kano govt heads to appeal court

By Ikechukwu Nnochiri & Bashir Bello

A Federal High Court sitting in Abuja, yesterday,  ordered Kano State government to tender an apology to the dethroned Emir of Kano, Sanusi Lamido Sanusi II, in two national dailies, in addition to awarding him N10million as  damages against Kano state government.

Justice Anwuli Chikere in her judgment,  held that Sanusi’s banishment from the state after his dethronement, was illegal, unconstitutional and in gross violation of his fundamental human rights.

The court held that neither the Kano state government nor any security agency in the country, has the powers to deprive the applicant his right to freedom of liberty and personal dignity guaranteed under section 34 of the 1999 Constitution, as amended, without the express permission of a court of law.

The court consequently declared as a nullity, the Emirate Council Law 2019, which the Kano State government based its action on. The court held that as a citizen of Nigeria, who has committed no offence, Sanusi was entitled to reside in any part of the country.

Recalled that Sanusi was deposed as Emir by the Kano State government on March 9, 2020, after he was accused of disloyalty and insubordination.

READ ALSO: Breaking: Court orders Kano state to apologise to Sanusi, pay him N10m

Though the deposed Emir was initially banished to Loko village in Nasarawa State after his dethronement, later, he was forcefully moved to Awe town, where he was confined until March 13, 2020, when the court ordered that he should be granted his freedom.

Sanusi, however approached the court, challenging  the legality of his confinement to Nasarawa.

Respondents in the suit were the Inspector General of Police, the Director General of the State Security Service, Attorney General of Kano State and the Attorney General of the Federation.

Adopting his final brief of argument, Sanusi’s lawyer, Abubakar Mahmoud, SAN, told the court that his client was not before it to challenge his dethronement.

Mahmoud said his client was in court over the gross violation of his fundamental rights in relation to the harsh way he was treated after he was deposed by the Kano state government.

Meanwhile, Kano State Government, yesterday, said it was heading to the Appeal Court to challenge the judgment.

State’s Attorney General and Commissioner of Justice, Musa Lawan, while reacting to the court judgment, said they were studying the judgment on the next line of action.

Lawan said the banishment of Emir Sanusi II was based on the tradition and culture of the ancient city which has a place in the law.

According to him, “It is a tradition for years that once a King or an Emir is dethroned, he be banished. So, if I am going into that tradition, I should go into it holistically knowing that I am there to protect the tradition. If he goes to court to say he was banished and that is against his fundamental human rights, well I’m sorry to say that it means right from the word go he did not even believe in the traditional system.”

However, all the respondents, through their respective lawyers, urged the court to dismiss the suit for want of jurisdiction.

In her judgment, Justice Chikere struck out the name of the AGF from the suit on the premise that the applicant failed to establish any case against him.

Meanwhile, reacting to the judgment, Kano State AG, through the lawyer, Abdulsallam Salleh, said they would study it properly and decide on the next line of action.

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