Sanusi vs Bayero: Deploying troops to enforce court order unlawful, says Kano NBA

The Nigerian Bar Association (NBA) in Kano has cautioned against the potential breakdown of law and order in the state.

There has been tension in Kano since the state government moved to reinstate Muhammadu Sanusi II as the 16th Emir.

BACKGROUND

Aminu Bayero was replaced as Emir on Friday.

Sanusi was deposed in 2020 after falling out with Abdullahi Ganduje, the governor of Kano at the time.

On Thursday, the Kano house of assembly repealed the 2019 law used to remove Sanusi and balkanise the emirate into five jurisdictions.

The new emirate law stipulated the sack of all the Emirs in the jurisdictions and a restoration of the old order.

One Emir will now be overseeing all of Kano.

Abba Yusuf, the governor of Kano, had given the sacked monarchs 48 hours to vacate their palaces.

The Emirs of Bichi, Rano, Karaye, and Gaya have complied with the directive.

On Saturday, Bayero returned to the city and moved into a palace in Nassarawa LGA of the state.

A squad of soldiers that had been protecting Bayero before he was dethroned, rode with him from the airport to the palace.

Subsequently, the governor ordered Bayero’s arrest after the deposed monarch arrived in Kano to a hero’s welcome from a horde of his supporters.

Aminu Gwarzo, Kano deputy governor, had blamed Nuhu Ribadu, the national security adviser (NSA), for allegedly facilitating the return of Bayero to the palace by providing him with two private jets — but the NSA denied the claim.

Meanwhile, on May 23, a federal high court in Kano ordered the state government not to enforce the Emirate Council Repeal Law 2024.

Usaini Gumel, commissioner of police in Kano, had disclosed that security agencies would obey the court order.

‘DEEPLY CONCERNED’

In a statement, Sagir Gezawa, NBA chairman in Kano, said the association is “deeply concerned about these developments in many ways”.

The NBA said it is the constitutional duty of a state assembly to legislate and once passed, it remains the prerogative of a governor to assent to such law.

“Once assented to by the governor, it has become a Law and its implementation is to be done by state apparatus and of course enforced by a competent court of law,” Gezawa said.

“It’s further within the purview of courts to interpret such law to be in tandem with other existing laws or the constitution.

“In doing so, we urge our members to act responsibly in approaching courts with competent jurisdiction.

“A court order, once given, is sacrosanct and must be obeyed.

“However, it must be noted that while the court has its own mechanism of enforcing its order, it’s not within the powers of the Nigerian Army to deploy troops to enforce court order. This is a sad reminder of the military dictatorship and must be condemned.

“Anyone found wanting or in disobedience of a court order (which is declaratory in nature) must first be proved to have been notified of the existence of the said court order by issuance of Form 48 and subsequently Form 49 notifying such person of the consequences of his or her actions.

“This is in line with the Sheriff and Civil Processes Act and Laws of the various States for enforcing court judgments.

“Engaging security apparatus without the officers of the Deputy Sherriff’s Department of the relevant court that made the order may appear to be self-help which must also be condemned.

“As an association therefore, we call on all state actors, to be mindful of their oaths of office and for the security agencies, their scope of duties so as not to make mockery of our judicial system.”

The NBA said the actions of the state actors “may breach the security and peace” in Kano and “they shall be held accountable in this life or the next”.