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Confusion As Courts Issue Different Orders: Federal High Court Orders Sanusi’s Eviction, While State Court Stops Enforcement

A Federal High Court in Kano has ordered the eviction of Emir Muhammadu Sanusi II from the Kofar Kudu Palace, while a State High Court has restrained the police and other security agencies from carrying out the eviction order.

The Federal Court had, on Tuesday, ordered the police to ensure all rights and privileges due to the 15th Emir of Kano, Aminu Bayero be given to him, as the rightful Emir of Kano.

The presiding judge, Justice S. A. Amobeda, who gave the ex parte order, stated that the order was made in the interest of justice and maintenance of peace in Kano State.

The order states, “An order of interim injunction restraining the respondents either by themselves, their agents, servants, privies or any other person or authority from inviting, arresting, detaining, threatening, intimidating, harassing the applicant, raiding, tempering with or visiting the applicant’s in order to arrest or infringe on his right or in any other way infringe or attempt to infringe the applicant’s rights pending the hearing and determination of the originating motion.

“An order restraining the third, fourth and fifth respondents and all other respondents from denying the applicant to use his official residence and palace at the Emir’s Palace, Kofar Kudu as well as enjoyment of all rights and privileges accrued to him by virtue of being Emir of Kano State and to evicting anything, anybody residing within the palace illegally pending the hearing and the determination of the originating summons”

The suit has been adjourned till June 4 for a hearing.

But a State High Court sitting at Miller Road restrained the police, the Department of State Services and the military from evicting the reinstated Emir of Kano, Muhammadu Sanusi II.

The case was filed by Muhammadu Sanusi II with the four kingmakers of Kano: Madakin Kano, Yusuf Nabahani; Makaman Kano Ibrahim Sarki Abdullahi; Sarkin Bai Mansur Adnan and Sarkin Dawaki Maituta Bello Tuta.

The presiding judge, Justice Amina Aliyu, also restrained the security agencies from arresting or harassing the emir and his kingmakers.

The judge held “that an order of interim injunction is hereby granted restraining the respondents either by themselves, their agents, privies, representative, and assigns from further harassing, intimidating, inviting, arresting and or invading the personal or official residence of the applicants (Gidan Rumfa), his servants and or any of the Kano Emirate kingmakers of doing such acts that would be capable of interfering with the applicants’ rights generally in relation to this suit pending the hearing and determination of the motion on notice.

“That an order of interim injunction is hereby granted restraining the respondents from attempting to hijack, pick, commandeer, confiscate any of twin spear of authority, the Royal Hat of Dabo, the Ostrich-feathered shoes, the knife and sword of the Emir of Kano as well as symbols of authority pending the hearing and determination of the motion on notice.”

It further ordered that the respondents be restrained from interfering with the functions, and duties of the first pplicant as the Emir of Kano pending the hearing and determination of the motion on notice dated May 28, 2024..

The motion on notice was adjourned till June 13, 2024, for a hearing.

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