A Federal High Court sitting in Kano has reserved judgement in the fundamental human rights suit filed by the Emir of Kano, Ado Bayero.
Justice Simon Amobeda, who presided over the case, reserved judgement after an intense argument between two counsels in court.
Ado Bayero had filed an ex parte motion seeking to restrain the defendants, who are: The Attorney General of the Federation, Attorney General of Kano State, Nigeria Police Force, IGP, Commissioner of Police in Kano, DSS, NSCDC, Nigerian Army, Nigerian Airforce and Nigerian Navy, from arresting or infringing on his rights.
On Friday at the hearing, Mahmoud Abubakar Magaji, counsel to the second respondent, told the court that he filed a preliminary objection dated May 30th and filed May 31st on four grounds bothering around his fundamental rights and the Kano emirate repealed law.
“We filed our 21 paragraph counter affidavit deposed by Abudullahi Garko and written address dated May 31st on point of law,” he said.
According to Daily Trust, Magaji urged the court to dismiss the originating summon.
“Being an emir is a privilege not a right. The applicant filed his application five days after he was removed. At the time of filing is no longer an emir and if that was established.
“The applicant has agreed that he was removed but without fair hearing. I urge your lordship to refuse to hear their application. I urge the court to discountenance the originating summon,” he said.
Also, Magaji filed a motion on notice to set aside the ex parte order earlier granted by the court restraining any of the respondents from arresting, intimidating or harassing him.
Michael Jonathan Numa, a senior advocate and the applicant, earlier argued that the court has jurisdiction to entertain the matter as it bothers on the fundamental rights of the applicant.
He also filed an originating motion dated May 27, in support of affidavit and a written address.
He urged the court to accept the fundamental rights suit in the interest of justice for the peace of Kano and Nigeria.
At the beginning of the sitting, he informed of the decision to withdraw prayer one and two out of their prayers, but urged the court to dismiss the preliminary objection of the respondents which he said is unmerited.
Justice Amobeda said a judgement will be communicated to all parties involved in the suit.
