The immediate past Emir of Kano, Alhaji Muhammadu Sanusi II’s lawyers on Tuesday vowed to challenge his banishment and detention by the Kano State Government.
Sanusi’s legal team led by a former President of the Nigerian Bar Association, Abubakar Balarabe-Mahmoud, at a press conference in Kano, said government should release Sanusi or face a legal action. They also raised the alarm over the deposed Emir’s personal safety and security.
The lawyers stated that they had not been able to speak to Sanusi since Monday, adding that the location of the place where the deposed Emir was being detained was meant to cause him “maximum trauma and distress.”
Sanusi, who became the 14th Emir of Kano on June 8, 2014, was dethroned on Monday by the Kano State Governor, Abdullahi Ganduje, and banished to Nasarawa State.
The Secretary to the State Government, Alhaji Usman Alhaji, who announced Sanusi’s deposition and the appointment of Alhaji Aminu Bayero as his successor, said the immediate past Emir was removed because of “total disrespect to lawful instructions from the office of the state governor.”
At 5:36pm on Monday, the Emir was forced out of the palace from where he was taken to Loko in the Nasarawa Local Government Area of Nasarawa State.
Sanusi was on the road for seven hours, arrived Nasarawa 2am –Lawyers
Criticising the treatment being meted out to Sanusi, the lawyers, at the press conference, said, “We have not spoken to the Emir since yesterday (Monday), but we understand that they are at their destination somewhere in a remote part of Nassarawa State after driving for nearly seven hours in the night and arriving about 2am today.
“We understand that the choice of the location to detain Muhammadu Sanusi II was intended to cause maximum trauma and distress. This again is illegal and unconstitutional.
“According to instructions we received from the Emir through his chief of staff, we are directed to take legal action to challenge the legality of the Emir’s detention and banishment.
“We are of the firm view that this action is illegal and unconstitutional. Section 35 of our constitution guarantees every citizen the right to personal liberty. The bases of the denial of personal liberty are set out clearly in this Section of the Constitution. None applies to the case of the Emir.”
The lawyers said the archaic practice of banishment of deposed Emirs, a colonial practice, had no basis in the country’s constitution.
They said, “The illegality of such a practice was pronounced by the Nigerian Court of Appeal in Attorney General Kebbi State v. the former emir of Gwandu, Alhaji Al-Mustapha Jakolo, and ors 2013 LPELR 22349/CA where the court pronounced it as illegal and unconstitutional gross violation of the rights of the Emir.
“This is what the court said in that case: ‘The banishment and deportation from Kebbi State by the Governor of Kebbi State of the first respondent Jokolo to Lafia in Nasarawa State and later to Obi also in Nasarawa State is most unconstitutional and illegal.
“We call on the authorities, in particular the Inspector-General, the Director General of Department of State Services and the Attorney-General of the Federation and Minister of Justice to ensure the immediate release of Sanusi II so that he can be reunited with his family.
Lawyers raise the alarm
“We are concerned about his personal safety and security, and wish to call on all well-meaning Nigerians and the international community to bring their influence to bear to ensure that he regains his liberty immediately and to guarantee his safety and security.
“We, the legal team of the dethroned Emir, are working both in Kano and Abuja and unless he is released immediately, we will be taking appropriate legal action.”
According to them, 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 the powers to unilaterally remove the emir.
They said, “The reason given in the letter of deposition of the Emir dated 9th March, 2020, was alleged ‘disrespect to lawful instructions from the authorities’.
‘Sanusi removed without inquiry, fair hearing’
“The Emir was also alleged to have ‘refused to attend official programmes and meetings organized by the Government’, As far as we are aware, there has not been any notice of such disrespect ever given to the Emir or querry issued to him for refusal to attend official functions.
“He was never given any opportunity to defend himself against those charges. Section 13 of the Kano Emirates Council Law 2019 cited in the letter of deposition empowers the Governor to depose an Emir only after due inquiry and in consultation with State Council of Chiefs.
“We are not aware of such due inquiry nor are we aware that the Kano State Council of Chiefs was at any time summoned to any meeting much less discuss the removal of the Emir or give any advice to the Governor on the deposition.”
“Be that as it may, the decision to challenge the removal is solely that of Emir Muhammadu Sanusi II. At this moment no such instruction has been given to us.”
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