A Federal High Court in Kano has affirmed the rights to movement and civil liberty of the deposed Emir of Kano, Alhaji Aminu Ado Bayero. The court has also ordered the Kano State Government to pay N10 million in damages to the former Emir.
In his ruling, Justice Simon Amobeda of the Federal High Court 3 upheld the withdrawal of specific reliefs by the applicant’s counsel, acknowledging their legal right to do so. He emphasized that he needed to address the court’s jurisdiction to hear the case before delving into its substantive issues.
Justice Amobeda confirmed that the court had jurisdiction, as the case pertained to the alleged abuse of the applicant’s fundamental human rights. He noted that the court is empowered by the Constitution to adjudicate such matters.
The applicants sought several reliefs, including N5 billion in damages for alleged threats to the former Emir’s human rights. Justice Amobeda stated, “It is the duty of the court to protect the rights of every citizen, but such protection must be based on substantial evidence, which the applicant has successfully provided.”
The judge recounted that in 2019, the Kano State Government, through the kingmakers, selected a new Emir. However, on May 23, 2024, the government used social media to announce the deposition of the applicant, ordering his arrest and 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,” Justice Amobeda stated.
He further noted that the government’s actions, which effectively placed the applicant under house arrest and prevented him from conducting his lawful business, constituted a violation of his right to freedom of movement under Section 41(1) of the 1999 Constitution.
The court also restrained the Police, DSS, Army, Air Force, and Navy, or any of their agents, from arresting, detaining, or harassing the applicant. Additionally, the Kano State Government and the second respondent were ordered to pay N10 million for the breach and likely breach of the applicant’s fundamental rights to personal liberty and freedom of movement.
However, the judge dismissed the prayer for the cost of filing and prosecuting the case.
