A Kano State High Court presided by Justice Ahmad. T. Badamasi on Monday struck out the suit filed by four kingmakers challenging the creation of new emirates in the state.
It will be recalled that following the enactment of the Kano Emirs Appointment and Deposition Law 2019 which gave birth to four new emirates in the state, the kingmakers sought the court to declare the law illegal, unconstitutional, null and void.
Also recall that on May 14, 2019, Justice U. M. Na-Abba ruled that the Kano Emirate Council Law, 2019 was not properly promulgated after which the state House of Assembly reconvened to re-submit a bill and eventually passed a new law, which has been in effect ever since.
Justice Badamasi in his ruling said that the subject matter of the suit has already been overtaken by event, the law having been nullified by another high court in the state.
According to him, having taken judicial notice of judgement of Justice Usman Na’Abba on November 21, 2019 nullifying the law, any action taken is a nullity, void and of no legal effect, and thereby struck out the suit.
A counsel to the kingmakers, Haruna Saleh, said they viewed the judgement as a technical victory for the state government, and will explore the options available to them to ventilate their grievance.
“Since the doors of litigation are not closed to us in this matter, we will explore any of the options available to us in law either by way of appeal or even before the same court to challenge the new law,” Haruna said.
However, a counsel to the state government said the case filed by the kingmakers was itself technical.
“If they are saying that the legislature in the state has no power to make a law, they are basing their argument on technicalities,” the lawyer who does not want his name in print said.
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