Kano High Court nullifies Emir Appointment and Deposition Law 2019 established by the Kano House Assembly which led to the creation of four new emirates.

Presiding Judge, Usman Na’abba made the nullification in the state. He says the State Assembly’s attempt to establish four new emirates in the state is unconstitutional.

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 6th May 2019, having earlier on 30th April 2019 adjourned the sitting of the House to 3rd 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 6th, 7th and 8th 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 1st Class Emirs (Head Chiefs) dated 6th May 2019 written by Mallam Ibrahim Salisu Chambers was not properly taken by the House on 6th May 2019.