Desmond Mgboh, Kano
A Kano High Court, presided over by Justice Nasiru Saminu has reaffirmed his restraining order, halting the appointment, recognition and gazetting the names of four new emirs in Kano State .
The judge, who reiterated his earlier order, yesterday again directed that all parties in the case to return to where they were as at last Friday.
The decision of the court was sequel to a petition of the counsel to the plaintiff, 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.
He noted that though the order was issued on May 10 this year, the governor and the rest of the respondents went ahead on May 13th and 14th, 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, 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 rulinf, Mahmoud explained: “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 the 10th of May when the initial order was made”
“So the governor and the state assembly has 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 the 10th of May. If there were any appointment as was claimed, the court does not recognize them” he stated.
The court had restrained the Kano State governor, Abdullahi Umar Ganduje and the House of Assembly from further action with regard to the appointment, publication and gazetting of these new monarchs in the state
It specifically ordered the defendants to halt the publication and release of the law that was amended on May 8th, 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 a 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.