Examining external influences on the Kano emirate tussle

Following the passage of the Kano Emirates Council Law (Repeal Bill) 2024 by the Kano State House of Assembly, which was assented to by the Executive Governor of Kano State on Thursday, May 23, 2024, at 5:10 PM, the law dissolved the five Emirates created by the former Governor of the State, Abdullahi Umar Ganduje. These included Bichi, Rano, Gaya, Karaye, and the Kano Emirate, which comprises eight Metropolitan Local Governments. The new law reinstated His Royal Highness Sanusi Lamido Sanusi as the 16th Emir of Kano.

On the same day, the 15th dethroned Emir of Kano (Alh. Aminu Ado Bayero) was not in Kano but returned to occupy the Nassarawa Emir Palace. This situation created significant tension in Kano. To alleviate the tension, the Executive Governor of Kano State ordered the Police to arrest the dethroned 15th Emir, who was accused of fueling the tension.

In response to the arrest order from the governor, the dethroned Emir filed a suit via the Enforcement of Fundamental Human Rights at the Federal High Court, seeking to enforce his right to movement and his right to reside anywhere in Nigeria, including Kano State. According to the customs and traditions of the traditional institution such as the Kano Emirate, it is customary for an Emir to vacate the Kano Emirate territories after being dethroned.

Constitutionally, every Nigerian has the right to reside anywhere in Nigeria. By the supremacy of the Constitution, any law or custom that contravenes its provisions the Constitution shall prevail. Based on the Federal High Court’s decision, the 15th dethroned Emir has the right to movement and the right to reside anywhere in Nigeria; however, these rights do not permit occupying someone else’s property without the owner’s consent.

Staying in the Nassarawa Emir Palace without the prior consent of the owner constitutes trespass. It is well-known that fundamental human rights have limitations. Peace and security can restrict these rights, which is one reason the Kano State Government ordered the eviction of the dethroned 15th Emir of Kano from Nassarawa Emir Place.

In another development, the Kano State Attorney General and Commissioner for Justice, Haruna Isah Dederi, stated at a press conference that the dethroned monarch should be evicted because preparations were underway for the reconstruction and renovation of the Nassarawa Emir Palace.

The then Kano State Commissioner of Police responded: “The government is jumping the gun because the same government has filed a case regarding the eviction order, which is scheduled for a hearing on June 24, 2024. If we carry out the order, it would be like we are preempting the court, as we don’t know what will happen there.”

Following the position of the Commissioner of Police, the Kano State High Court ordered as follows: “An order is hereby granted to the extent that the Commissioner of Police, Kano State, should immediately take possession of the palace of the Emir of Kano located on State Road, Kano, and evict the dethroned Emir.”

Following the court order, the Kano State Government directed the State Commissioner of Police to remove the deposed monarch from the Nassarawa Emir Palace, where he was alleged to have trespassed, as the government had already concluded arrangements for the general reconstruction and renovation of the property, including the demolition and reconstruction of the dilapidated wall fence, with immediate effect.

However, the then Commissioner of Police, Mohammed Gumel, stated that the police would obey the order, which restrained the Kano government from taking further action or executing the new law (parties to maintain the status quo). He was quoted as saying, “The Police Command is expressly obeying the court order in SUIT No. FHC/KN/CS/182/2024 dated May 23, 2024, issued by the Federal High Court sitting in Kano, alongside other law enforcement agencies in the state.”

From the foregoing background, it should be understood that the first external influence was the escort of the then Emir by security personnel from Abuja to Kano, who settled at the Nassarawa Emir Palace. These security personnel remained with him and continued to provide special security until the present day.

The second external influence occurred when the police were ordered by the Kano State Government to evict the then Emir, but the police responded that they needed to wait for a court order since the government had filed a case for eviction, with June 24, 2024, set for the hearing. After the court hearing on that date, the court issued an eviction order; however, the police stated they were bound by the Federal High Court order rather than the State High Court.

Third, since the Kano State Government needed to recover its property, which the dethroned monarch was alleged to have trespassed upon, the proper procedure would have been to go to the Rent Recovery Tribunal and file an action for recovery of its property. The Rent Tribunal is the only court with primary jurisdiction to evict the then Emir, apart from the State High Court. The Kano State Government went to court, as it was a court with specific jurisdiction, and obtained an eviction order, which was presented to the police for execution. However, as usual, excuses were presented and the police neglected to comply.

Despite all efforts were made to evict the dethroned monarch, but proved abortive. This raises the question: Why could the police not evict the dethroned monarch from the Nassarawa Emir Palace?

It is worth recalling that the Deputy Governor of Kano State, Aminu Abdussalam, alleged that the National Security Adviser (NSA) to President Bola Ahmad Tunubu was behind all these. But he was forced to retract his allegation. Many observers are however wondering whether the NSA could have saved the situation. Has anyone the power to instruct Soldiers, DSSS and the Police to follow and escort the dethroned monarch from Abuja to Kano and to have surrounded the palace and continue providing special security guards, other than the NSA?

The NSA acts on behalf of the President of the Federal Republic of Nigeria, he co-ordinates management of all National Security matters as principal adviser on state security. NSA is the key Nigerian principal officer on security and is the only one that has total control over all the security agencies. This may be among the reason that triggered the allegation made by the Deputy Governor of Kano State for NSA’s intervention of Emirate tussle.

Some are of the view that apart from the above allegation of intervention of the NSA, the 2027 Politics was started using Emirate Tussle while some viewers had stated that it was the Kano State Government that caused it and same shall be blamed not the NSA, Federal Government or anyone else. According to them, Kano State Government should not cry for external influence but rather blame itself.

However, reason of peace is supreme and whatever reason that clash with reason of peace, the reason of peace shall prevail. Predicated upon this point, all the stakeholders should reconsider peace in Kano by doing the needful as the current position is not helpful.

Before January 10, 2025 the dethroned monarch as well as the police had reason to cling on the Court Order made by the Federal High Court but now due to the judgment of the Court of Appeal delivered on January 10, 2025 which nullified the Court Order made by the Federal High Court having made the order without jurisdiction, the dethroned monarch has no reason to stay in Kano while the police has no reason to refuse to comply with the instruction of the Kano State Government.
Gandu, a Lawyer, wrote from Kano.