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 Honorable 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 self-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 error is in breach of the law to have decided to dethrone the Emir
even as there is a matter over 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.
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