Justice Anwuli Chikere of the Federal High Court, Abuja, on Friday, ordered
immediate release of deposed Emir of Kano, Sanusi Lamido Sanusi II, who is
currently confined to Awe town, Nasarawa State, after his dethronement.
Justice Chikere, who gave the order in an ex-parte motion brought by the team of
Sanusi’s lawyers, also granted the prayers to serve all the respondents through
substituted means should it become impossible to personally effect the service.
News Agency of Nigeria (NAN) reports that the deposed Emir had, on Thursday,
sued the Inspector-General (I-G) of Police, Mohammed Adamu and Director-
General, Department of State Services (DSS), Yusuf Bichi, over what he called
“unlawful detention/confinement.”
Also joined in the motion with suit number: FHC/ABJ/CS/357/2020 are the
Attorney General of Kano State, Ibrahim Mukhtar and Attorney General of the
Federation, Abubakar Malami as 3rd and 4th respondents respectively.
Sanusi brought the application pursuant to Sections 34, 35, 40, 41 and 46 of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended); Articles 5, 6.10 and 12(1) of the African Charter on Human and Peoples Rights (Ratification
and Enforcement) Act, CAP A9 LFN 2004, among others.
At the hearing of the application on Friday, Counsel to the dethroned Emir,
Fagbemi, thanked the court for accommodating their motion despite busy
schedule.
“However, I want to apologise because by 5 O’Clock yesterday (Thursday), this
suit had been taken to public domain. We don’t know how it happened,” he said.
The judge, who was quite unruffled about the media report, said: “I am sure they
(media) are here today.”
“If you are a media person, please publish what transpired in court so that you
will not be sued for libel,” Chikere added.
Fagbemi, then, informed the court that they had a motion -ex-parte dated March
12 and filed same day.
“It is asking for two orders,” he said.
“An interim order of this honourable court releasing the applicant from the
detention and/or confinement of the respondents and restoring the applicant’s
right to human dignity, personal liberty, freedom of association and movement in
Nigeria, (apart from Kano State) pending the hearing and determination of the
applicant’s originating motion.
“The second leg of the application has to do with order to serve the respondents
in the manner listed in (a) to (e) of the application (that is through substituted
means should it become impossible to effect personal service)..
“And for such further order(s) as it pleases your lordship,” he prayed.
According to him, it is in the interest of justice to grant this application.
Fagbemi, further said the application was predicated on eight grounds and an
affidavit of 22 paragraphs and one exhibit.
“There is also a written address in support.
“We also have an originating motion and we crave your indulgence to also rely
on that one with affidavit.
“We rely on all these processes,” he said.
Fagbemi, who pleaded with the court to allow him make few remarks, said it was
disheartening that prior to the service of the dethronement letter (Exhibit A) on
Sanusi on Monday, there was an unusual presence of large number of officers of
police and DSS who condoned off the palace, causing a serious restriction on his
movement in and out of the palace.
He also said Sanusi’s health in Awe where he was presently was a source of
worry.
“As we speak, there is no criminal proceeding pending against the applicant,” he
said.
“We urge you to grant the sister’s leg and the second leg my lord,” he said.
Justice Chikere, in the ruling, said: “An interim order of this honourable court
releasing the applicant from the detention and or confinement of the respondents
and restoring the applicant’s rights to human dignity, personal liberty, freedom of
association and movement in Nigeria, (apart from Kano State) pending the
hearing and determination of the applicant’s originating summons is hereby
granted.”
The judge also granted the applicant’s leave to serve a copy of the released
order and the processes in relation to the substantive suit on the respondents
through substituted means.
NAN reports that Justice Chikere allowed Sanusi to serve the defendants in the
following manner: On the IGP, through any officer in his office at the police
headquarters at Louis Edet House, Garki, Abuja; on the the DG DSS, through
any officer at the DSS headquarters at Aso Drive in Abuja; on the AG of Kano
State, through any officer at the state’s Ministry of Justice, Audu Bako
Secretariat, Kano, and on the AGF, through any officer at the Federal Ministry of
Justice in Abuja.
She ordered that the originating summon should be served within three days
from today, Friday.
The judge then adjourned the matter until March 26 to hear the substantive suit.
The deposed Emir’s younger sister, Zainab Sanusi, who led other family
members to the court, commended the judge for granting their requests in an
interview with NAN.
“We are very happy with the ruling, Alhamdulillahi,” she said.
However, NAN observes that despite the wide publicity of the matter in the
media, none of the respondents was represented in court.
The Kano State Government had, on Monday, announced the dethronement of
the Emir, banishing him to Loko in Nasarawa state before being taken to Awe
town in the same state. The government has, however denied banishing the
former Emir.
