When a deposed kingmaker defeated powerful Kano emirate in court

Dan’agundi was removed by the emirate on December 11, 2003 following a petition by his subjects in Gabasawa over his alleged involvement in politics where he was accused of having a hand in electoral malpractices during the 2003 general elections. He thereafter, challenged the action of the emirate in court for legal redress on behalf of the Jamo family to which he belongs.

It was a legal battle that lasted seven years and it ended on Thursday last week with the court ruling in favor of the deposed monarch.

The case is seen as the first in the history of Kano emirate when a kingmaker and senior district head dragged the emir and the emirate to court to challenge his deposition.

Emir of Kano, Alhaji Ado Bayero, conferred the traditional title of Sarkin Dawaki Maituta on Alhaji Aminu Baba Dan’agundi on June 1, 1990 and posted him to Gwarzo as district head. By virtue of his title and in line with the tradition of the emirate, he now automatically became a kingmaker. He was later redeployed to Gabasawa.

The court, presided over by Justice Muhammad Sadi Mato, ordered his immediate reinstatement as district head of Gabasawa, restoration of his prestigious traditional title of Sarkin Dawaki Maituta and payment of backlog of his salary and other allowances from the time he was deposed to date.

The court was filled to capacity by a large audience including many members of the famous Dan’agundi family led by the plaintiff himself. No member of the emirate council was sighted in the court except the lawyers who represented it in the case.

In his 125-page judgment, Justice Mato also issued an order of perpetual injunction restraining the Kano emirate council and indeed the Kano State government from depriving the plaintiff of his entitlements or treating him with contempt arising from the purported dismissal and eventual victory over the case.

The judge narrowed the whole issues for determination in the suit to three points. First, whether the title of Sarkin Dawaki Maituta is hereditary and exclusively confined to Jamo Babba clan; secondly, whether traditional rulers are public servants and employees of the Kano State government; and thirdly, whether the purported suspension and deposition of the kingmaker is in consonance with the principle of fair hearing as provided in the Nigerian constitution.

The court said since the emirate council derives its life from the local government laws of Kano State, the council and traditional title holders like the plaintiff are therefore, public officers and so the appointment of Dan’agundi as kingmaker and Sarkin Dawaki Maitiuta qualified him as a public officer.

The judge also said the plaintiff was not given fair hearing as he was never given a query on his alleged offences before his eventual dismissal, saying the quick and swift decision to depose him must have arisen from anger on the part of the council members.

He however held that a 1974 Kano white paper that was tendered as exhibit by the plaintiff and which recognized that only descendents of Jamo Babba can lay claims to the office of Sarkin Dawaki Maituta has no force of law as the emirate and Kano government have the power to appoint any candidate into the said office whether such appointee is from or outside the Jamo Babba clan. He said the exhibit has to have a legal backing to guaranty such arrangement.

He also blamed the defendants for not observing the principle of fair hearing by first querying the plaintiff to hear his own side of the story before taking the final action. He said if such a principle was observed, the matter would have ended in a very short period of time and not taking all this long.

In his reaction shortly after the ruling, the plaintiff thanked God for the victory and saluted the judiciary for the courage throughout the legal battle. On his part, the counsel representing Kano emirate, Dr. Mamman Yusuf Lawal, said the judge had tried in handling the case. On whether the emirate will appeal the judgment, he said only his client will answer that question.

The circumstance that led to the appointment of Alhaji Aminu Babba Dan’gundi as Sarkin Dawaki Maituta and district head by Emir of Kano, Alhaji Ado Bayero in 1990 following retirement of his father, Alhaji Babba Dan’agundi is akin to the arrangement that gave rise to the installation in 1953 by the then Emir of Kano, Sir Muhammadu Sanusi of Alhaji Muktar Adnan as Sarkin Bai and district head of Dambatta after his father voluntarily vacated the throne perhaps due to old age.

Incidentally, both monarchs are kingmakers responsible for selecting emir following the demise or removal of the reigning emir. There are four kingmakers in Kano and they are Madaki representing Yolawa clan, Makama from Jobawa clan, Sarkin Bai representing Danbazawa and Sarkin Dawaki Maituta who is the clan head of Sullubawa. According to a historical account, they were made Kano kingmakers after the death of the first Fulani ruler, Emir Suleiman following their role in the appointment of Kano Emir Malam Ibrahim Dabo by Sultan Muhammadu Bello, son of founder of the Sokoto caliphate Shehu Usman Bin Fodio. The present Emir of Kano, Alhaji Ado Bayero is a descendant of Dabo.

But Dan’agundi’s case is also seen as a repetition of history. In the 1980s, the administration of the then civilian governor of old Kano State, Alhaji Muhammadu Abubakar Rimi (now late), had removed Dan’agundi’s father, only to restore his title and traditional portfolio a few weeks afterwards when the governor realized that he could not afford to continue to fight the monarch.

The only difference in the case is that while Aminu’s father was removed because he was in the vanguard of protecting Ado Bayero who was being humiliated by the governor, today it is the emirate that wants to see his son out of the traditional class.

It will be recalled that when Kano emirate was suffering persecution under Rimi, Dan’agundi’s father who no doubt was a die-hard NEPU stalwart always confronted the state government to the delight of the emirate and its sympathizers.

Dan’agundi was the 15th Sarkin Dawaki Maituta after succeeding his father. Dan’agundi, who now runs his own company after a brief service in government, is a member of board of directors of the Nigeria Ports Authority (NPA).