- Orders N10 Million Compensation
Kano, Nigeria – On Friday, the Federal High Court in Kano delivered a pivotal judgment upholding the rights to movement and civil liberty of the deposed Emir of Kano, Alhaji Aminu Ado Bayero. The court also mandated the Kano State Government to compensate the former emir with N10 million for damages.
Justice Simon Amobeda of Federal High Court 3 presided over the case, affirming the withdrawal of specific relief orders by the applicant’s counsel. The judge confirmed that the counsel had the legal authority to withdraw Orders 1-2, which were thus excluded from the case.
Addressing the issue of jurisdiction, Justice Amobeda declared that the court was competent to hear the case as it involved the alleged abuse of the applicant’s fundamental human rights, a matter within the court’s constitutional purview.
The court evaluated the remaining reliefs, particularly those seeking N5 billion in damages for threats to the applicant’s human rights. Justice Amobeda stressed the judiciary’s duty to protect citizens’ rights, noting that the applicant provided compelling evidence of the violations.
“In 2019, the Kano State Government utilized the kingmakers to appoint a new emir. However, on Friday, May 23, 2024, the government used social media to announce the deposition of the applicant, ordering his arrest and giving him 48 hours to vacate the palace,” Justice Amobeda recounted.
The judge ruled that these actions by the Kano State Government were without lawful justification and infringed upon the applicant’s fundamental rights to liberty and freedom of movement as enshrined in Sections 35(1) and 41(1) of the 1999 Constitution.
Furthermore, the court found that the applicant had been unlawfully placed under house arrest, preventing him from conducting his lawful activities, which constituted a clear violation of his rights.
The judgment also restrains the police, the Department of State Services (DSS), the Army, the Air Force, the Navy, and their agents from arresting, detaining, or harassing the applicant.
Justice Amobeda ordered the Kano State Government and the second respondent to pay N10 million for the breach and potential breach of the applicant’s rights to personal liberty and freedom of movement.
However, the court dismissed the prayer for the cost of filing and prosecuting the case.
This ruling is a significant affirmation of civil liberties and the protection of fundamental human rights under Nigerian law.
