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Court declares banishment of Emir Sanusi unconstitutional

Court declares banishment of Emir Sanusi unconstitutional

30 November, 2021

A Federal High Court, Abuja, on Tuesday, declared that the banishment of deposed Emir of Kano, Muhammadu Sanusi II from Kano State was unlawful and unconstitutional.

Justice Anwuli Chikere, in a judgment, held that the Emirate Council Law, 2019, used by the state government in banishing Sanusi was in conflict with the 1999 Constitution of the Federal Republic of Nigeria, as amended.

According to Chikere, the constitution of this country is supreme and any law that is inconsistent with it shall be null and void.
The judge declared that the former emir had the right to live anywhere, including Kano State, as enshrined in the country’s constitution.
The News Agency of Nigeria reports that Mr Sanusi, who was dethroned on March 9, 2020, had on March 12, 2020, sued the Inspector-General of Police and Director-General, State Security Services, SSS over what he called “unlawful detention/confinement.”
Also joined in the motion with suit number: FHC/ABJ/CS/357/2020 are the Attorney-General of Kano State and Attorney General of the Federation as 3rd and 4th respondents respectively.

Although Mr Sanusi was not challenging his dethronement, the former emir, however, sought an interim order of the court releasing him from the detention and/or confinement of the respondents and restoring his right to human dignity, personal liberty.
He also challenged the respondents for harassing him and violating his rights.
Justice Chikere, who struck out the name of the AGF from the suit, also restrained the 1st, 2nd and 3rd respondents from further harassing him.
The court, who awarded a N10 million fine against the 1st, 2nd and 3rd respondents, also ordered them to tenders a public apology in two national dailies.

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