Mohammed Shosanya
The Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, has summoned the Chief Judges of the Federal High Court and the Kano State High Court in response to the recent legal turmoil surrounding the Kano Emirate.
His action was sequel to the issuance of conflicting interim injunctions by the two courts, which have created significant uncertainty and tension within the state.
In his summons on Wednesday, Justice Ariwoola emphasized the importance of “judicial coordination and the necessity for the judiciary to present a unified front, particularly in cases of substantial public interest.
“The upcoming meeting with the chief judges aims to clarify jurisdictional boundaries and prevent future occurrences of conflicting judicial orders.
“The situation in Kano has garnered national attention, with many stakeholders calling for a swift resolution following the state government’s decision to sack Emir Ado Bayero and reinstate Emir Sanusi Lamido Sanusi II.”
Two courts in Kano State had issued conflicting interim injunctions on the Kano Emirate tussle.
Justice S. A. Amobeda of the Federal High Court in Kano on Tuesday ordered the eviction of the reinstated emir, Alhaji Muhammadu Sanusi II from Gidan Rumfa palace.
However, Justice Amina Adamu Aliyu of Kano State High Court issued a separate order, restraining the police, the State Security Services (SSS) and the Nigerian Army from evicting, harassing or arresting Sanusi.
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Sanusi and Aminu Ado Bayero are locked in a battle for the royal stool. The tussle has sparked protests from their respective supporters in Kano.
Sanusi was reinstated by Governor Abba Yusuf at a ceremony in the Government House, following the repeal of the law used by the former governor, Abdullahi Umar Ganduje to depose and exile him in 2020.
However, a Federal High Court in Kano issued an order on May 23 prohibiting the state government from enforcing the Emirate Council Repeal Law 2024, which facilitated Sanusi’s reinstatement and Bayero’s dethronement.
When Bayero returned to Kano and moved into Nassarawa Palace, Governor Yusuf ordered his arrest, citing concerns about creating tension in the state.
This prompted the deployment of soldiers to the Nassarawa Palace. On Monday, a Kano State High Court restrained Bayero from presenting himself as the Emir of Kano and ordered his eviction from Nassarawa Palace.
Justice Aisha Adamu Aliyu, the presiding judge, also restrained the dethroned emirs of the disbanded emirates from assuming royal roles in Kano.
Meanwhile, President of the Nigerian Bar Association (NBA), Yakubu Maikyau SAN, has bemoaned the role of some lawyers and the courts in the protracted emirship tussle of the Kano ancient city.
Reacting on the development in Kano, Maikyau said some lawyers and the courts have brought shame to the country’s Judiciary as a result of conflicting orders from court of competent jurisdiction in respect of the crisis rocking the stool of Emir of Kano.
“I must say, without any equivocation, that the conducts of counsel and the Courts in the handling of the proceedings which culminated in the orders issued by the Federal High Court, the Kano State High Court and again the Federal High Court, in circus, have brought utter disgrace and shame to the profession — have exposed the entire legal profession in Nigeria to public ridicule and opprobrium” the NBA President said.
In a statement on Wednesday, the NBA President said “The damage is one that would take the legal profession a long time to recover from.
“It is unfortunate and was totally uncalled for, Maikyau posited.
“It is completely unacceptable that the processes of our courts would be deployed in the manner we have witnessed in the last couple of days, on a subject matter that is as clear as chieftaincy dispute.
“This is a subject that has been sufficiently dealt with by Iegislations and case law, leaving no one confused about the jurisprudence on the subject – both procedural and substantive, the NBA President submitted.
Without prejudice to the subsisting actions before both the Federal High Court and the Kano State High Court, Maikyau underscored the urgent need to scrutinize the professional conducts of both Counsel and the Judges involved in these matters.
“This is to enable the relevant bodies or institutions determine their culpability or otherwise, from an ethical and professional standpoint”, Maikyau said.
He called on the respective heads of the Courts of the Judges concemed, to take immediate steps to look into their conducts with the view to finding any possible abuse of their judicial offices and file a report with the National Judicial Council for necessary action.
The NBA he said, on the other hand will investigate the conducts of the counsel involved in these cases and shall not hesitate to commence disciplinary action against them before the Legal Practitioners Disciplinary Committee, should there be any finding of alleged professional misconduct against them.
The NBA President hinted that the Chairman of the NBA Ethics and Disciplinary Committee has been directed to invite these counsel for preliminary investigations.
