Desmond Mgboh, Kano
The legal team of the deposed Emir of Kano has raised the alarm that the deposed monarch, Malam Mohammadu Sanusi 11 is being held in unlawful custody in a remote village in Nassarawa State.
Briefing the media on the development on Tuesday, Barrister Abubakar Balarabe Mohmoud who spoke on behalf of his legal team said the deposed monarch was taken to a remote part of Nassarawa State after driving for nearly seven hours in the night, arriving at about 02:00 am in the morning.
“We understand the choice of the location to detain HH Mohammadu Sanusi 11 was intended to cause maximum trauma and distress,” they stated.
The legal team described Sanusi’s banishment and detention as unconstitutional and illegal while saying that they have instruction to challenge the legality of the action.
They pointed out that Section 35 of the constitution guaranteed the right of every citizen to personal liberty.
“The basis for denial to personal liberty are set out clearly in this section of the constitution. None applies to the case of the Emir,” they stated
“We call on the authorities, in particular the Inspector General of Police, the Director- General of the Department of State Services and the Attorney General of the Federation to ensure the immediate release of the HH Muhammadu Sanusi so that he could reunite with his family.
“We are concerned about the personal safety and security of HH Muhammadu Sanusi and wish to call on all well-meaning Nigerians and the international community to bring their influence to bear to ensure he regains his liberty immediately.”
The legal team threatened to resort to legal action if those behind his unlawful custody did not release him immediately.
The team also said that although they have no instruction from the deposed Emir to challenge his deposition, the entire action was illegal and unconstitutional.
“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 to power to unilaterally remove the Emir.
“The reason they gave for the deposition of the Emir was alleged disrespect to lawful instruction from the authorities. The Emir was alleged to have refused to attend official programmes and meetings organised by government.”
They drew attention to the fact the Emir was never given a query for refusal to attend to such meetings or received any notice of such disrespect.
“He was never given any opportunity to defend himself against those charges,” they declared while adding that Section 13 of the Kano Emirate Council Law2019 cited in the letter of deposition empowers the governor to depose an Emir only after an inquiry and in consultation with state Councils of Chief.
“We are not aware of such due inquiry nor are we aware that Kano State Council of Chiefs was summoned to any meeting much less discuss the removal of the Emir or give any advice to the governor on the deposition,” they stated.