DEPOSED EMIR TO CHALLENGE FORCED EXILE AND DETENTION- LEGAL TEAM

Sanusi Being Subjected to Maximum Trauma- Counsel

Lawyers of the immediate past Emir of Kano, Alhaji Muhammadu Sanusi II have vowed to challenge his banishment and detention by the Kano State Government.

The legal team, which is led by a former President of the Nigerian Bar Association, Abubakar Balarabe-Mahmoud, at a press conference in Kano, said the government should release Sanusi or face a legal action. They also raised alarm over the former Emir’s personal safety and security.

The lawyers stated that they had not been able to speak to Sanusi since Monday, adding that the location where the deposed Emir was being detained was meant to cause him “maximum trauma and distress.”

The Emir was forced out of the Palace on Monday evening, and he was taken to Loko in Nasarawa Local Government Area of Nasarawa State.

Criticising the treatment given to Sanusi, the lawyers, at the press conference, said, “We have not spoken to the Emir since yesterday (Monday), but we understand that they are at their destination somewhere in a remote part of Nassarawa State after driving for nearly seven hours in the night and arriving about 2am today.

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“We understand that the choice of the location to detain Muhammadu Sanusi II was intended to cause maximum trauma and distress. This again is illegal and Unconstitutional. According to instructions we received from the Emir through his chief of staff, we are directed to take legal action to challenge the legality of the Emir’s detention and banishment.

“We are of the firm view that this action is illegal and unconstitutional. Section 35 of our constitution guarantees every citizen the right to personal liberty. The bases of the denial of personal liberty are set out clearly in this Section of the Constitution. None applies to the case of the Emir.”

The lawyers said the archaic practice of banishment of deposed Emirs, a colonial practice, had no basis in the country’s constitution.

“The illegality of such a practice was pronounced by the Nigerian Court of Appeal in Attorney General Kebbi State v. the former emir of Gwandu, Alhaji Al-Mustapha Jakolo, and ors 2013 LPELR 22349/CA where the court pronounced it as illegal and unconstitutional gross violation of the rights of the Emir.

“This is what the court said in that case: ‘The banishment and deportation from Kebbi State by the Governor of Kebbi State of the first respondent Jokolo to Lafia in Nasarawa State and later to Obi also in Nasarawa State is most unconstitutional and illegal.

“We call on the authorities, in particular the Inspector-General, the Director General of Department of State Services and the Attorney-General of the Federation and Minister of Justice to ensure the immediate release of Sanusi II so that he can be reunited with his family.

“We are concerned about his personal safety and security, and wish to call on all well-meaning Nigerians and the international community to bring their influence to bear to ensure that he regains his liberty immediately and to guarantee his safety and security.

“We, the legal team of the dethroned Emir, are working both in Kano and Abuja and unless he is released immediately, we will be taking appropriate legal action.”

According to them, the Kano State Emirate Council Law, which was recently enacted by the Government of Kano State, does not give the state executive council or the Governor of Kano State the powers to unilaterally remove the emir.

They said, “The reason given in the letter of deposition of the Emir dated 9th March, 2020, was alleged ‘disrespect to lawful instructions from the authorities’.

“The Emir was also alleged to have ‘refused to attend official programmes and meetings organized by the Government’, As far as we are aware, there has not been any notice of such disrespect ever given to the Emir or querry issued to him for refusal to attend official functions.

“He was never given any opportunity to defend himself against those charges. Section 13 of the Kano Emirates Council Law 2019 cited in the letter of deposition empowers the Governor to depose an Emir only after due inquiry and in consultation with State Council of Chiefs.

“We are not aware of such due inquiry nor are we aware that the Kano State Council of Chiefs was at any time summoned to any meeting much less discuss the removal of the Emir or give any advice to the Governor on the deposition.”

“Be that as it may, the decision to challenge the removal is solely that of Emir Muhammadu Sanusi II. At this moment no such instruction has been given to us.”

The head of the legal team also explained how Sanusi and his family were harassed after the deposition of the Emir. He said while Sanusi was waiting for his deposition letter there was commotion in the private wing of the palace as some unauthorized persons tried to gain entry into the family section.

‘’This led to some scuffle and tear-gas canisters were fired by the security operatives. Normalcy was restored after the unauthorized persons along with armed security operatives retreated from the inner part of the palace.” The Emir later received the letter which indicated that he was to be moved to Nasarawa State.

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Balarabe-Mahmoud stated, “We requested to know if he was under arrest and if so we needed to see the warrant. The Commissioner of Police informed us that he was not under arrest. We informed the Commissioner of Police that it was illegal and a violation of his constitutional rights to remove to Nasarawa State against his wish.

“The Emir informed the Commissioner of Police that his friends had sent an aircraft to fly him and his family to Lagos and requested that they should be provided with necessary security to the airport so that he could leave.

‘’The commissioner refused saying that was not their instruction. They were willing to allow the family to leave for Lagos but he was to be flown to Abuja then onwards taken to Nasarawa State.”

When it was clear that the police were bent on using force to achieve their objective, the Emir cooperated with them in order not to jeopardize his safety, that of his family and persons around.