Asks Oshiomhole to Obey the Court
The prominent civil Rights advocacy group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has carpeted the Kano state governor Dr. Abdullahi Ganduje for hurriedly dethroning the powerful Emir of Kano state even whilst there is pending litigation before the court of competent jurisdiction.
The Rights group said it was sad and unfortunate that the national ruling party- All Progressives Congress (APC) at all levels have carried out ACTIONS or made Confrontational statements that have belittled the functions and constitutional powers of the JUDICIARY just as the Rights group said the action of the Kano state governor to unilaterally remove the Emir of Kano without waiting for the matters instituted by the Emir to be determined one way or the other which according to HURIWA is another manifestations of the disdainful way the All Progressives Congress looks at the judicial arm of government.
In another development the Rights group, warned the suspended national chairman of the ruling All Progressives Congress (APC) Mr. Adams Oshiomhole to stop his open rebellion against constituted and competent court of law and proceed on suspension, pending the determination of the matter before Justice Danlami Senchi of Abuja High Court or his appeal against the restraining order against him made by the Abuja High court.
HURIWA in a statement by the National Coordinator, Emmanuel Onwubiko, noted that it was an abomination for a man in the position of Adams Oshiomhole to even remotely be involved in actions that may be interpreted as forum shopping, with the sinister motive to undermine the constitutional powers of the Courts of law.
“We expect the much respected erstwhile unionist and a two term state governor, Adams Oshiomhole to dissociate himself completely from the counter order from the Federal High Court in Kano which illegally aimed at overturning an earlier decision of court of same coordinate jurisdiction made by Honorable Justice Danlami Senchi of the Abuja High Court. As one of those who has benefitted from the good fruits of judicial adjudication, we expect the suspended national chairman of APC not to be in the band wagon of lawless politicians who do not mean well for our constitutional democracy by roaming about the courts to obtain injunctions which they think can override orders made by court of coordinate jurisdiction”, HURIWA said.
Speaking specifically on the reported dethronement of the Emir of Kano by the Kano state governor, the Rights group dismissed the action as lawless and a primitive show of brute force and a resort to crude self-help measures since the embattled Emir was already in the Kano state High court challenging his invitation by the Kano state House of Assembly over so-called allegations of corruptions.
“We in HURIWA hereby call on the Kano state governor Abdullahi Ganduje to reverse his illegal decision to dismiss the Emir of Kano and await the determination of the matter the traditional ruler filed before the competent court of law. The Kano state governor has benefitted so much from the court system.
“How come he is behind this indescribable affront against the judiciary? Section 6 is clear on the powers of the judiciary and whilst the matter is pending, it is illegal to seek to foist a fait accompli on the court. Section 6(1)(2)(3) of the constitution provides thus: “(1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation. (2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.
“(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (1) of this section, shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.”
HURIWA recalled that the Kano State Governor Dr. Umar Abdullahi Ganduje announced the immediate removal of Emir of Kano Muhammadu Sanusi II as the Emir of Kano.
HURIWA affirmed that the State Secretary to the Government Usman Alhaji announced the removal/dethronement saying the government of Umar Ganduje is announcing the removal of Emir of Kano as the Emir of Kano just as Usman Alhaji said the Emir is being removed for his total disrespect to the lawful instructions from the government and the lawful authorities.
HURIWA however thinks this action is an abuse of power and this will harm democracy in a big way unless overturned by the Court of law since the error is in breach of the law to have decided to dethrone the Emir even as there is a matter over the same subject matter before the competent court of law.
“As someone who swore an oath of office not to undermine the Nigerian constitution we urge the Kano state governor to immediately revoke the dethronement and let the matters in courts run their full courses”, HURIWA said.