June 14, 2024
A Federal High Court in Kano on Friday upheld the rights of movement and freedom to civil liberty of the deposed Emir of Kano, Alhaji Aminu Ado Bayero.
The court also asked the Kano State Government to pay N10m damages to the 15th Emir.
In his judgment, the presiding Judge of the Federal High Court 3, Justice Simon Amobeda, upheld the applicant counsel’s withdrawal of reliefs Order 1-2 on the grounds that they had the right by the rules of law to do so and as such they were no longer part of the case.
He also hinted that he was duty-bound to resolve the issues of jurisdiction of the court to determine the case before he delved into the main matter of the case.
Justice Amobeda, while upholding the jurisdiction of the court to hear the case, insisted that it fell within the issues of abuse of fundamental human rights of the applicant and the constitution granted the court the powers to preside over the matter.
He said the relying points of the applicants are reliefs 2-7 seeking among others payments of N5 bn as damages for threatening his human rights.
“It the duty of the court to protect the rights of every citizen but that protection cannot be done in a vacuum, a person crying violation of his fundamental human rights must provide cogent and vital evidence to that effect to which the applicant has successfully provided,” the judge said.
He said in 2019, the Kano State Government used the kingmakers to select a new emir, but surprisingly on Friday, May 23, 2024, the government used social media to propagate that he had deposed the applicant and declared that police should arrest him after giving him 48 hours to vacate the palace.
“I hold that without any lawful justification, the applicant is threatened, breaching his fundamental rights to liberty as guaranteed in Section 35(1) of the 1999 Constitution.
“Similarly, there is an act of the government which has forced the applicant to 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.
“That the 2nd, 3rd, 4th and 5th Respondents that is the Police, the DSS, Army, Air force, Navy, are either by themselves, their agents, servants, privies or any other person’s or authority forthwith restraint from arresting, detaining, harassing the applicant.
“That the second respondent and the Government of Kano State should pay the sum of N10 million for breach and likely breach of his Fundamental Right to Personal liberty and freedom of movement as guaranteed in the 1999 constitution,” the judge said.
He, however, struck out the prayer of the cost of filing and prosecuting.
