A Federal High Court sitting in Kano has reserved judgement in the fundamental human rights suit filed by the 15th Emir of Kano, Aminu Ado Bayero.
The presiding judge, Justice Simon Amobeda, reserved judgement following a heated argument between counsels.
Daily Trust reports that the applicant, Ado Bayero, filed a motion ex parte, seeking the court to restrain the defendants from arresting or infringing on his rights.
The respondents in the suit 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.
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When the case came up for hearing on Friday, counsel to the 2nd respondent, Mahmoud Abubakar Magaji, 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dated May 30th and filed May 31st on four grounds bothering around his fundamental rights and the Kano emirate repealed law.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.”
Magaji urged the court to dismiss and strike out the originating summon.
He told the court that “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 descontenance the originating summon.”
Magaji also filed a motion on notice to set aside the exparte order earlier granted by the court retraining them from arresting, intimidating or harassing him.
Earlier the applicant, Michael Jonathan Numa SAN 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 the Court of the decision to withdraw prayer one and two out of their prayers.
He urged the court to dismiss the preliminary objection of the respondents which he adjudged as unmerited.
The judge however said a date to deliver judgement will be communicated.
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