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Thursday, November 21, 2019

Court Nullifies Creation Of New Emirates In Kano By Governor Umar Ganduje


A Kano High Court presided by Justice Usman Na’Abba has dissolved four additional emirates and first class emirs created by Kano State Government.


On May 8, Kano State governor, Abdullahi Ganduje, on assented to a controversial law establishing four additional emirates with first class emirs in Bichi, Rano, Karaye and Gaya.

Inside sources told DAILY NIGERIAN that the law was initiated by the governor but presented to the House by proxy.

Delivering the judgement on Thursday, the court said the Kano State House of Assembly had violated the provision of Section 101 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which allows the assembly to make laws.

He then declared the law creating the emirates null and void, saying the petition for the creation of the emirate was faulty.

According to the Amended Originating Summons, the Plaintiff Rabiu Gwarzo, who was a member of Kano State House of Assembly, sought the following reliefs:
A declaration that having regards to the provision of section 101 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), Kano State House of Assembly rules, 2019 pursuant thereto has acquired a constitutional status or favour.

A declaration that having regard for the previous of section 101 of the Constitution of the Federal Republic of Nigeria 1999 (as altered) and Order 1 Rule 14(b) of the Kano State House of Assembly, Rules 2019, the reconvening and sitting of the Kano State house of Assembly on 6 May 2019, having earlier on 30 April 2019 adjourned the sitting of the House to 3 June 2019 without the requisition, consent and/or concurrence of both the majority and minority leaders of the House first had and obtained is improper, illegal and unconstitutional, null and void”.

A declaration that the non compliance or violation of Order I Rule 14(b) of the Kano State House of Assembly, Rules 2019 which provides for the procedure for reconvening the House, particularly the existence of a requisition and concurrence of the majority and minority leaders of the House of amounts to illegality which vitiate the proceedings and decisions of the Kano State House of Assembly conducted on 6 , 7 and 8 of May 2019 thereby rendering same null and void.

A declaration that upon the construction of Order II Rule3 of the Kano State House of Assembly Rules, 2019, a person other than member of the House cannot properly present a petition to the House of Assembly.

A declaration that the petition titled ‘Appointment and Upgrading of Some Traditional Rulers to the Status of 1 Class Emirs (Head Chiefs) dated 6 May 2019 written by Mallam Ibrahim Salisu Chambers was not properly taken by the House on 6 May 2019.
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