A Federal High Court in Kano on Friday upheld the rights of movement and freedom to civil liberty of the deposed Emir of Kano, Alhaji Aminu Ado Bayero.
The court also asked the Kano State Government to pay N10m
damages to the 15th Emir.
In his judgment, the Presiding Judge of the Federal High
Court 3, Justice Simon Amobeda, upheld the applicant counsel’s withdrawal of
reliefs Order 1-2 on the grounds that they have the right by the rules of law
to do so and as such they are no longer part of the case.
He also hinted that he was duty-bound to resolve the issues
of jurisdiction of the court to determine the case before he delved into the
main matter of the case.
Justice Amobeda, while upholding the jurisdiction of the
court to hear the case, insisted that it falls within the issues of abuse of
fundamental human rights of the applicant and the Constitution granted the
court powers to preside over the matter.
He said the relying points of the applicants are reliefs 2-7
seeking among others payments of N5 bn as damages for threatening his human
rights.
“It the duty of the court to protect the rights of every
citizen but that protection cannot be done in a vacuum, a person crying
violation of his fundamental human rights must provide cogent and vital
evidence to that effect to which the applicant has successfully provided,” the
judge said.
He said in 2019, the Kano State Government used the
kingmakers to select a new emir, but surprisingly on Friday, May 23, 2024, the
government used social media to propagate that he had deposed the applicant and
declared that police should arrest him after giving him 48 hours to vacate the
palace.
“I hold that without any lawful justification, the applicant
is threatened, breaching his fundamental rights to liberty as guaranteed in
Section 35(1) of the 1999 Constitution.
“Similarly, there is an act of the government which has
forced the applicant to a house arrest, preventing him from going about his
lawful business, constitutes a flagrant violation of his fundamental rights to
freedom of movement as guaranteed under section 41(1) of the 1999 Constitution.
“That the 2nd, 3rd, 4th and 5th Respondents that is the
Police, the DSS, Army, Air force, Navy, are either by themselves, their agents,
servants, privies or any other person’s or authority forthwith restraint from
arresting, detaining, harassing the applicant.
“That the second respondent and the Government of Kano State
should pay the sum of N10 million for breach and likely breach of his
Fundamental Right to Personal liberty and freedom of movement as guaranteed in
the 1999 constitution,” the judge said.
He, however, struck out the prayer of the cost of filing and
prosecuting.