A Federal High Court in Kano has upheld the rights to movement and civil liberty of the deposed Emir of Kano, Alhaji Aminu Ado Bayero, and ordered the Kano State Government to pay N10 million in damages.
In his judgment, Justice Simon Amobeda, presiding over Federal High Court 3, acknowledged the applicant counsel’s withdrawal of reliefs Order 1-2, stating they had the right by law to do so, and these orders were no longer part of the case.
He emphasized the necessity of resolving jurisdiction issues before addressing the main matter of the case.
Justice Amobeda confirmed the court’s jurisdiction to hear the case, asserting that it pertained to the abuse of the applicant’s fundamental human rights, a matter within the court’s constitutional authority.
He noted that the applicant sought reliefs 2-7, which included a demand for N5 billion in damages for the violation of his human rights.
“It is the duty of the court to protect the rights of every citizen, but that protection cannot be done in a vacuum. A person alleging a violation of their fundamental human rights must provide cogent and vital evidence, which the applicant has successfully provided,” Justice Amobeda stated.
The judge recounted that in 2019, the Kano State Government used the kingmakers to select a new emir. However, on May 23, 2024, the government propagated via social media that it had deposed the applicant and ordered his arrest, giving him 48 hours to vacate the palace.
“Without any lawful justification, the applicant was threatened, breaching his fundamental rights to liberty as guaranteed in Section 35(1) of the 1999 Constitution,” Justice Amobeda declared.
“Additionally, the government’s actions, which led to the applicant being placed under house arrest and prevented from conducting his lawful business, constitute a flagrant violation of his fundamental rights to freedom of movement as guaranteed under Section 41(1) of the 1999 Constitution.”
The court ordered that the police, DSS, Army, Air Force, and Navy, either directly or through their agents, servants, privies, or any other persons or authorities, must refrain from arresting, detaining, or harassing the applicant.
Furthermore, the Kano State Government was instructed to pay N10 million for the breach and potential breach of the Emir’s fundamental right to personal liberty and freedom of movement.
However, the court struck out the prayer for the cost of filing and prosecuting the case.
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