The Federal High Court in Kano on Friday ruled that the Kano State Government must pay N10 million in damages to the 15th Emir of Kano, Alhaji Aminu Ado Bayero. The court also upheld the deposed Emir’s rights to movement and civil liberty.
Presiding Judge Simon Amobeda of the Federal High Court 3 issued the judgment, which included the acceptance of the applicant counsel’s withdrawal of reliefs Order 1-2, acknowledging their legal right to do so. Consequently, these reliefs were no longer considered part of the case.
Before addressing the main issues, Justice Amobeda emphasized the need to resolve the court’s jurisdiction to hear the case. He determined that the court had the authority to preside over the matter, as it involved fundamental human rights abuses, which are within the court’s purview according to the Constitution.
Justice Amobeda highlighted that the remaining reliefs (2-7) sought by the applicants included claims for damages totaling N5 billion for violations of the Emir’s human rights. He underscored the court’s responsibility to protect the rights of every citizen, asserting that such protection cannot be rendered in the absence of substantial evidence. The judge found that the applicant had provided sufficient proof of the alleged violations.
The case stemmed from events in 2019, when the Kano State Government utilized the kingmakers to appoint a new emir. However, on May 23, 2024, the government surprisingly announced via social media that the applicant had been deposed. They instructed the police to arrest him and demanded he vacate the palace within 48 hours.
Justice Amobeda declared that the government’s actions lacked lawful justification and constituted a threat to the applicant’s fundamental rights to liberty, as protected under Section 35(1) of the 1999 Constitution. He further stated that placing the Emir under house arrest and preventing him from conducting his lawful activities was a blatant violation of his right to freedom of movement, guaranteed by Section 41(1) of the 1999 Constitution.
The judgment included specific directives aimed at preventing further violations. The judge ordered that the police, DSS, army, air force, navy, and any associated agents or authorities cease any actions that would result in the arrest, detention, or harassment of the applicant. This order was intended to ensure that the Emir’s rights were not further infringed upon.
In addition to these protections, Justice Amobeda ruled that the Kano State Government and the second respondent were liable for the breach and potential future breaches of the Emir’s rights. As a result, they were ordered to pay N10 million in damages for the violation of his fundamental rights to personal liberty and freedom of movement.
The case has significant implications for the protection of human rights in Nigeria, particularly regarding the treatment of traditional leaders and public figures. It highlights the judiciary’s role in upholding constitutional rights against unlawful actions by government authorities.
The ruling also serves as a reminder of the importance of due process and lawful justification in the actions of government officials. The court’s decision underscores that even high-ranking officials and influential figures are entitled to the same protections under the law as any other citizen. This reinforces the principle that fundamental human rights are inviolable and must be respected at all levels of society.
Overall, the Federal High Court’s decision in this case represents a critical affirmation of the rule of law and the judiciary’s commitment to safeguarding individual freedoms and civil liberties. The N10 million damages awarded to the Emir of Kano serve as a substantial penalty and a deterrent against future violations of constitutional rights by government authorities.
