Desmond Mgboh, Kano
Justice Nasiru Saminu of the Kano High Court has reaffirmed his restraining order, halting the appointment, recognition and gazetting of the names of four new emirs in Kano State.
The judge who reiterated his earlier order on Wednesday again directed that all parties in the case to return to where they were as at May 10, 2019.
The decision of the court was a sequel to a petition of the counsel to the plaintiff, Barrister Abubakar, Balrabe Mahmoud, (SAN), who drew the attention of the court to the fact that the respondents, mainly Kano State governor and Kano State House of Assembly had overlooked his order.
Barrister Mahmoud noted that although the order was issued on May 10, 2019, the governor and the rest of the respondents went ahead on May 13 and 14, 2019, to appoint the new emirs for the new emirate councils. He contended that the respondents have an obligation to respect an order issued by a court.
In his response, the Attorney General of the state, Barrister Ibrahim Murthar, claimed that they were not served the order while insisting that all the actions halted by the court had already been completed as at the time of the order. He maintained that the court could not issue an order restraining a completed action or completed process.
Speaking to reporters after the court’s ruling, Barrister Mahmoud explained that “what the ruling means is that the order of May 10 subsists, I mean the order restraining the parties from taking any action on this matter subsists.
“What it means is that nothing has been done in the eyes of the law to alter the situation as at May 10 when the initial order was made.
“So the governor and the state Assembly have an obligation not to do anything that would contravene that order,” he stated.
“The implication is that nothing has happened in the eyes of the law to suggest that anything has been altered as from May 10. If there were any appointment as was claimed, the court does not recognise that,” he stated.
It would be recalled that the court had restrained the Kano State governor, Dr Abdullahi, Umar Ganduje, and the House of Assembly from further action with regard to the appointment, publication and gazetting of the new monarchs in the state
It specifically ordered the defendants to halt the publication and release of the law that was amended on May 8, 2019, namely Kano State Emirs (Appointment and Deposition) ( Amendment) Law 2019 pending the hearing and determination of the motion on notice.
It also restrained them from appointing and or recognising any purported emir under the Kano State Emirs (Appointment and Deposition) (Amendment) Law 2019 pending the hearing and determination of the motion on notice.
The court restrained them from giving staff of office or appointing anyone whatsoever as Emir of Gaya Emirate, Emir of Bichi Emirate, Emir of Rano Emirate and Emir of Karaye Emirate pending the hearing and determination of the motion on notice.