A Federal High Court sitting in Kano has reserved judgement in the fundamental human rights suit filed by the 15th Emir of Kano, Aminu Ado Bayero.
The presiding judge, Justice Simon Amobeda, reserved judgement following a heated argument between counsels.
The applicant, Ado Bayero, filed a motion ex parte, seeking the court to restrain the defendants from arresting or infringing on his rights.
The respondents in the suit are the Attorney General of the Federation, the Attorney General of Kano State, the Nigeria Police Force, IGP, the Commissioner of Police in Kano, DSS, the NSCDC, the Nigerian Army, the Nigerian Air Force, and the Nigerian Navy.
When the case came up for hearing on Friday, counsel to the 2nd respondent, Mahmoud Abubakar Magaji, told the court that he filed a preliminary objection dated May 30th and filed May 31st on four grounds, bothering around his fundamental rights and the Kano emirate’s repealed law.
“We filed our 21-paragraph counter affidavit deposed by Abudullahi Garko and a written address dated May 31st on the point of law.”
Magaji urged the court to dismiss and strike out the originating summons.
He told the court that “being an emir is a privilege, not a right. The applicant filed his application five days after he was removed. At the time of filing, there is no longer an emir and if that was established,
“The applicant has agreed that he was removed but without a fair hearing. I urge your lordship to refuse to hear their application. I urge the court to descontain the originating summon,” according to a report by the Daily Trust.
Magaji also filed a motion on notice to set aside the ex parte order earlier granted by the court retraining them from arresting, intimidating or harassing him.
Earlier, the applicant, Michael Jonathan Numa, SAN, argued that the court has jurisdiction to entertain the matter as it concerns the fundamental rights of the applicant.
He also filed an originating motion dated May 27 in support of an affidavit and a written address.
He urged the court to accept the fundamental rights suit in the interest of justice for the peace of Kano and Nigeria.
At the beginning of the sitting, he informed the Court of the decision to withdraw prayers one and two out of their prayers.
He urged the court to dismiss the preliminary objection of the respondents, which he adjudged unmerited.
The judge, however, said a date to deliver judgement would be communicated.
