Kano prays court to dismiss suit challenging new Emirates

The Kano State Government on Thursday challenged the jurisdiction of a High Court to hear a suit filed by some Kano elders, seeking for an order stopping the new law creating four First Class Emirates in the state.
NAN reports that the suit, filed by Alhaji Bashir Usman-Tofa on behalf of 20 others, is challenging the law creating four new First Class Emirates.
The respondents are the Governor of Kano State, the speaker of Kano State House of Assembly, Kano State House of Assembly, Attorney General and Commissioner for Justice of Kano State, Tafida Abubakar-Ila, Ibrahim Abdulkadir-Gaya, Dr. Ibrahim Abubakar II, Aminu Ado-Bayero, Kano Emirate Council and Emir of Kano Muhammad Sanusi II.
Counsel to the respondents, Ibrahim Mukhtar, who is also the Attorney General and Commissioner for Justice of Kano State, told the court that he filed a preliminary objection dated January 8.
Mukhtar prayed the court to dismiss the suit because the elders have not disclosed any course of action for the suit to be heard.
He prayed the court to strike out or dismiss the plaintiffs’ breach of sermon for creation of new emirate law.
He said: “My lord we are adopting all the notice as our arguments and submission on behalf of the respondents.”
Mukhtar told the court that the plaintiffs, who are only 21 in number, are professionals, individuals and community leaders, but are not representatives of any organisation or elected by anybody to represent the people of Kano.
He said: “The people of Kano are over 16 million.
“The plaintiffs can never represent them.
“The Kano state government acted within the law because the law itself created the Emirate Law 2019.”
He tendered the appointment letter of the Emir of Kano, Muhammad Sanusi II, as the Chairman Council of Chief, as an exhibit and urged the court to strike out or dismiss the suit for being incompetent, adding that the plaintiffs lack the capacity to file the suit.
The Attorney-General had earlier told the court that he did not receive a single instruction that the hearing of the suit should be stopped or suspended.
He said: “I was not involved in any settlement and the plaintiffs did not apply to the court for settlement.”
Responding, Counsel to the Plaintiffs, Suraj Sa’ida (SAN), told the court that his clients want the court to adjourn until another date to enable parties explore an out-of-court settlement.
Sa’ida urged the court to look at all the documents filed by the plaintiffs according to Section 21 of the 1999 Constitution and protect and preserve the rights of the plaintiff.
He prayed the court to dismiss the preliminary objections filed by the respondents.
After listening to the arguments, Justice Nura Sagir, adjourned the suit until April 9, for ruling in the preliminary objection.
NAN reports that the plaintiffs, under the umbrella of Kano Elders, in their suit prayed for an interlocutory injunction restraining the respondents or privies from further giving effect to the purported Kano State Emirates Council Law 2019 pending hearing of the motion on notice.
They further prayed the court to restrain the first, fourth, fifth, sixth, seventh and eighth respondents from convening the councils of chief or taking any steps.
They further prayed the court to restrain the Kano State Governor, Abdullahi Ganduje, and his privies from continuing to give recognition or any decision in any way to the Emirs of Rano, Gaya, Bichi and Karaye from parading themselves as emirs and maintenance of status quo.