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Kano

For violation of his rights, Court orders Kano Govt to pay N10m to deposed Emir, Bayero

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Deposed Emir, Alhaji Aminu Ado Bayero,

For violation of his fundamental rights, a Federal High Court sitting in Kano has fined the Kano State Government N10 million as damages to deposed Emir, Alhaji Aminu Ado Bayero,
The court, which assumed jurisdiction to hear Bayero’s rights violation suit, also ordered the Kano State Government to guarantee the deposed emir’s right to movement and personal liberty.
The presiding judge of the Federal High Court 3, Justice Simon Amobeda, while ruling on Friday, noted that he was duty bound to resolve the issue of jurisdiction of the court to determine the case before delving into the main matter of the case.
According to him, without jurisdiction, any proceeding is nullity.
Justice Amobeda while declaring the jurisdiction of the court to hear the case, insisted that the issue of determination fell under abuse of fundamental human rights of the applicant, adding that the Constitution had granted the Federal High Court the powers to preside over the matter.
He noted that Bayero was seeking, among others reliefs, payment of N5 billion as damages from the Kano State Government for breaching his fundamental human rights.
The judge also noted that the applicant also asked for the enforcement of his rights to movement and personal liberty.
In his ruling, the judge said, “It is the duty of the court to protect the rights of every citizen but that protection cannot be done in vacuum, a person crying over violation of his fundamental human rights must provide cogent and vital evidence to that effect to which the applicant have successfully provided.”
He noted that in 2019, the then government of Kano State used the Kingmakers to select a new Emir, but surprisingly, on Friday, May 23, 2024, the Governor of Kano State, Abba Yusuf, used the social media to propagate that he had deposed the applicant (Bayero) and ordered the Police to arrest him after giving him 48 hours to vacate the palace.
“To this end, I so hold that without any lawful justification, the applicant was threatened, and his fundamental rights to liberty as guaranteed in Section 35(1) of the 1999 Constitution, was breached.
“Similarly, the action of the government which had forced the applicant into a house arrest, preventing him from going about his lawful business, constitutes a flagrant violation of his fundamental rights to freedom of movement as guaranteed under Section 41(1) of the 1999 Constitution,” the judge added.
The court also ordered that the 2nd, 3rd, 4th and 5th Respondents – including the Police and the DSS – are either by themselves, their agents, servants, privies or any other persons or authority forthwith restrained from arresting, detaining or harassing Bayero.
Justice Amobeda further ordered that the Government of Kano State should pay the sum of N10 million for breach and likely breach of Bayero’s fundamental right to personal liberty and freedom of movement, as guaranteed in the 1999 Constitution

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Kano

Senator Kawu counters Revenue Commission, Says, he gets N21m Monthly

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Sumaila Kawu

As the controversy over the take home pay of Nigerian senators continues, the Senator representing Kano South, Senator Sumaila Kawu, has revealed that he earns over N21m monthly as a total take-home package.

Contrary to the N13.5m claims in some quarters the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) has disclosed that each Senator takes N1,063,360,00 as monthly salary and allowances.

The Chairman of RMAFC, Mohammed Bello Shehu, made the disclosure through a statement in Abuja on Tuesday

He said, each Senator collects a monthly salary and allowances of N1,063,8860.00 made up of basic salary- N168,366,70; motor vehicle/fuel maintenance allowances- N266,50.00, Personal Assistant N42,216.66, Domestic staff N126,650.00 Entertainment N50,660.

Others are– Utilities N50,660.00, Newspapers/ Periodicals N25,330.00, Wardrobe N42,216,66.00, House maintenance N8,443,.00 and Constituency  Allowance N422,166.66 respectively.

However, Senator Kawu in an interview with British Broadcasting Hausa Service, on Wednesday morning disclosed that although his monthly salary is about N1m, but his total take-home was N21m, a wide margin from figures quoted by RMFAC.

Kawu said, “The amount of salary I receive per month is less than N1m, if there are cuts, it comes back to about six hundred thousand naira and a little something as salary.”

He noted that there are usually a few deductions by the RMFAC.

The issue of the amount of money received by federal lawmakers stirred up fresh controversies since last week.

Last week, Chief Olusegun Obasanjo, who was president between 1999 and 2007, had Friday in Abeokuta, Ogun State Capital while receiving in audience, six members of the House of Representatives, led by Ikenga UgoChinyere who visited him, chided the federal lawmakers for fixing their salaries and emoluments.

During the parley, Obasanjo said, “In your case, with all due respect, you’re not supposed to fix your salaries. But you decide what you pay yourself, the allowances that you give yourselves (including) newspaper allowances.

“You give yourselves all sorts of things, and you know it is not right. It is immoral, (yet) you are doing it, the Senate is doing it, and you are beating your chests about it. In some cases, the executive gives you what you’re not entitled to. You all got N200 million (each).”
Recall that former Kaduna Central Senator, Shehu Sani, had publicly disclosed that each Senator collects a monthly running cost of N13.5m in addition to the monthly N750,000 prescribed by the commission.

It would be recalled that the Senate in a Statement on Sunday refuted the claims by Obasanjo stating that they were unfounded.

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Kano

Kano Royal Tussle: Federal High Court Judgement in Simple terms

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***Statuses of reinstated, dethroned Emirs

Here’s a detailed explanation of the Federal High Court’s judgment in simple terms, along with the status of the reinstated and dethroned Emirs of Kano:

Court Judgment Details and Implications

1. Maintain Status Quo:
The court’s earlier order for all parties to keep things as they are remains in effect. This means no new actions or changes should be made by either side until the case is fully resolved.

2. Stay of Proceedings:
The court has paused (or stayed) the ongoing legal proceedings. This was requested by the Kano State House of Assembly and the Attorney General. This means that the current legal actions and any enforcement of previous rulings are put on hold until an appeal by the respondents is determined.

3. Case Transfer:
The case is being moved to another court within the Federal High Court (FHC) system in Kano. This transfer is necessary because the judge handling the case has been promoted to the Court of Appeal, meaning he can no longer preside over the case.

4. Void Actions Taken After Interim Order:
The court has voided all actions taken after the interim order was granted. This includes any actions related to the emirate that were in contempt of the court’s previous directives.

What This Means:

1. Emirates Law 2024:
The law that led to Aminu Ado Bayero’s sacking remains valid because it was enacted before the interim order. Therefore, the legal framework that deposed Aminu Ado Bayero is still in effect.

2. Sanusi’s Enthronement Voided:
The court has voided the enthronement of Muhammadu Sanusi II because it took place after the interim order, which makes it contemptuous of the court’s directive.

3. Vacuum in Kano Emirates:
The ruling has created a situation where neither Aminu Ado Bayero nor Sanusi II is legally recognized as the Emir. Aminu Ado Bayero was legally deposed, but Sanusi II’s enthronement has been voided, effectively leaving the position of Emir of Kano vacant.

4. Stay of Proceedings:
The court has granted a stay of proceedings pending the determination of the appeal. This means the legal process is paused and no further actions can be taken by either party until the appeal is resolved.

5. No Enforcement of Ruling:
The stay of proceedings bars all parties from enforcing any part of the ruling until the appeal is determined. This prevents any immediate changes or actions based on the court’s voiding of Sanusi’s enthronement.

Status of the Emirs:

Reinstated Emir Sanusi II:
Sanusi II was reinstated but his enthronement has now been voided by the court because it occurred after the interim order. Despite this, due to the stay of proceedings, he remains in a state of suspension. He continues to be at the official Emir’s palace but without legal confirmation of his status until the appeal is decided.

Dethroned Emir Aminu Ado Bayero:
Aminu Ado Bayero was duly deposed according to the Emirates Law 2024. He remains at another palace, also in a state of suspension, as he is no longer legally recognized as the Emir of Kano.

Next Steps:

Legal Battle Moves to the Court of Appeal:
The appeal process will now be the focus. The legal status of both Emirs will ultimately be decided by the Court of Appeal. This process may take some time, and until then, the vacuum in the emirate leadership persists.

Conclusion:
Current Situation: Both Sanusi II and Aminu Ado Bayero are in a state of legal suspension. The position of Emir of Kano remains effectively vacant pending the outcome of the appeal.

Future Developments: The final resolution will come from the Court of Appeal, where the legal battle will continue. No actions can be enforced until this higher court delivers its judgment.

In essence, while Sanusi II remains in the official residence of the Emir, his position is not legally confirmed due to the court’s voiding of his enthronement. The legal processes will continue at the Court of Appeal, which will provide the ultimate decision on the matter.

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Kano

Kano Royal Rumble: Court sacks Sanusi Lamido II as Kano Emir

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Emir Sanusi Lamido

Federal High Court sitting in Kano has quashed the processes leading to re-enthronement of Sanusi Lamido Sanusi II as Emir of Kano
The presiding Judge Justice Abdullahi Muhammad ruled on Thursday that the status quo be maintained.

Recalled that following the royal tussle that has taken over over 1000 years history of the anciet city, the 15th Emir of Kano, Ado Bayero and 4 other emirs were dethroned by the Emirates Council Law which was repealed and passed by Kano State House of Assembly.
With the new judgement the former Emirs are back to throne.

The four emirate councils the court restored are, Bichi, Rano, Karaye and Gaya, which were created by the immediate past governor of Kano, Umar Abdullahi Ganduje.

Meanwhile, incumbent governor, Abba Kabir Yusuf dethroned Aminu Ado Bayero while implementing the Kano Emirate Councils repealed Act which was passed into law by the State House of Assembly.

The governor immediately reinstated Muhammadu Sanusi Lamido as the 14th Emir of Kano, Muhammadu Sanusi.
A kingmaker in the former Kano emirate, Aminu Babba Danagundi, the Sarkin Dawaki Babba, had dragged the state government to court to challenge the propriety of the law and asked the court, through his counsel, Chikaosolu Ojukwu (SAN), to declare it null and void.

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