The prominent civil Rights advocacy group – HUMAN RIGHTS WRITERS
ASSOCIATION OF NIGERIA (HURIWA) has carpeted the Kano state governor Dr.
Abdullahi Ganduje for hurriedly dethroning the powerful Emir of Kano
state even whilst there is pending litigation before the court of
competent jurisdiction.
The Rights group said it was sad and unfortunate that the national
ruling party- All Progressives Congress (APC) at all levels have carried
out ACTIONS or made Confrontational statements that have belittled the
functions and constitutional powers of the JUDICIARY just as the Rights
group said the action of the Kano state governor to unilaterally remove
the Emir of Kano without waiting for the matters instituted by the Emir
to be determined one way or the other which according to HURIWA is
another manifestations of the disdainful way the All Progressives
Congress looks at the judicial arm of government.
In another development the Rights group-HUMAN RIGHTS WRITERS ASSOCIATION
OF NIGERIA (HURIWA) has warned the suspended national chairman of the
ruling All Progressives Congress (APC) Mr. Adams Oshiomhole to stop his
open rebellion against constituted and competent court of law and
proceed on suspension pending the determination of the matter before
justice Danlami Senchi of Abuja High Court or his appeal against the
restraining order against him made by the Abuja High court. HURIWA said
it was an abomination for a man in the position of Adams Oshiomhole to
even remotely be involved in actions that may be interpreted as forum
shopping with the sinister motive to undermine the constitutional powers
of the Courts of law.
“We expect the much respected erstwhile unionist and a two terms state
governor Adams Oshiomhole to dissociate himself completely from the
counter order from the Federal High Court in Kano which illegally aimed
at overturning an earlier decision of court of same coordinate
jurisdiction made by Honourable Justice Danlami Senchi of the Abuja High
Court. As one of those who has benefitted from the good fruits of
judicial adjudication, we expect the suspended national chairman of APC
not to be in the band wagon of lawless politicians who do not mean well
for our constitutional democracy by roaming about the courts to obtain
injunctions which they think can override orders made by court of
coordinate jurisdiction.”
Speaking specifically on the reported dethronement of the Emir of Kano
by the Kano state governor, the Rights group dismissed the action as
lawless and a primitive show of brute force and a resort to crude sekf
help measures since the embattled Emir was already in the Kano state
High court challenging his invitation by the Kano state House of
Assembly over so-called allegations of corruptions.
“We in HURIWA hereby call on the Kano state governor Abdullahi Ganduje
to reverse his illegal decision to dismiss the Emir of Kano and await
the determination of the matter the traditional ruler filed before the
competent court of law. The Kano state governor has benefitted so much
from the court system. How come he is behind this indescribable affront
against the judiciary? Section 6 is clear on the powers of the judiciary
and whilst the matter is pending, it is illegal to seek to foist a fait
accompli on the court. Section 6(1)(2)(3) of the constitution provides
thus: “(1) The judicial powers of the Federation shall be vested in the
courts to which this section relates, being courts established for the
Federation. (2) The judicial powers of a State shall be vested in the
courts to which this section relates, being courts established, subject
as provided by this Constitution, for a State. (3) The courts to which
this section relates, established by this Constitution for the
Federation and for the States, specified in subsection (5) (a) to (1) of
this section, shall be the only superior courts of record in Nigeria;
and save as otherwise prescribed by the National Assembly or by the
House of Assembly of a State, each court shall have all the powers of a
superior court of record.”
HURIWA recalled that the Kano State Governor Dr. Umar Abdullahi Ganduje
announced the immediate removal of Emir of Kano Muhammadu Sanusi ii as
the Emir of Kano.
HURIWA affirmed that the State Secretary to the Government Usman Alhaji
announced the removal/dethronement saying the government of Umar Ganduje
is announcing the removal of Emir of Kano as the Emir of Kano just as
Usman Alhaji said the Emir is being removed for his total disrespect to
the lawful instructions from the government and the lawful authorities.
HURIWA however thinks this action is an abuse of power and this will
harm democracy in a big way unless overturned by the Court of law since
the go ernor is in breach of the law to have decided to dethrone the
Emir even as there is a matter iver the same subject matter before the
competent court of law. As someone who swore an oath of office not to
undermine the Nigerian constitution we urge the Kano state governor to
immediately revoke the dethronement and let the matters in courts run
their full courses.