- As Falana, Other Eminent Lawyers Weigh In
A cohesive legal team of the dethroned Emir of Kano, Muhammadu Sanusi II, has given the Nigeria Police, the entire security agents and the Nigeria Attorney General of the Federation, a 24-hour ultimatum to immediately release the Emir and allow him reunite with his family.
The head of the legal team Abubakar Muhmud (SAN) who spoke to newsmen in Kano, Tuesday, said they have since received instructions from the Emir through his Chief of Staff 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, and the basis for the denial of personal liberty are set out clearly in this section of the constitution and none applies to the case of the Emir Sanusi”, he added.
Muhmud reminded that the archaic practice of banishment of deposed Emirs, a colonial practice has no basis under Nigerian law or the constitution.
“We are totally perplexed at the resort to this practice in the present day Nigeria by its political leaders, this is because the illegality of this practice was pronounced by the Nigeria Court of Appeal in Attorney General Kebbi State Vs HRH Alhaji All Mustapha Jakolo and others 2013 LPELR 22349/CA where the Court pronounced it as illegal and unconstitutional and gross violation of the right of the Emir.
Therefore, we call on the authorities and in particular, Inspector General of Police, Director General DSS and Attorney General to ensure immediate release of HH Muhammadu Sanusi II so that he can be reunited with his families.
“We are concerned about his personal safety and security. All well meaning Nigerians and International Community should bring their influence to bear in this case to ensure he is released.
“The legal team of HH Muhammadu Sanusi II are working both in Kano and Abuja and unless he is released immediately, we will take appropriate legal action”, they warned.
earlier, some eminent lawyers including radical Lagos lawyer, Femi Falana, SAN, have been challenging the legality of the dethronement, and indeed the banishment as an outdated illegality and a gross violation of the Nigerian constitution. Some of the lawyers told the The New Diplomat that Governor Ganduje’s action is like a throw back to the military era, a sad and illegal development that should be thrown into the trash can of history immediately.
According to the lawyers the action is like a throw back to the dark days of military era. This according to them have no place in a democracy. ” Only illiterates can make such ridiculous statements about banishment. we are not in a military era. It is total illegality.”
Falana also added that the action amounts to a gross violation of the fundamental human rights of Sanusi. He said: “The fundamental rights of Sanusi Lamido Sanusi to personal liberty and freedom of movement guaranteed by section 35 and 41 of the Constitution of teh Federal Republic of Nigeria 199 as amended and article 6 and 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement Act Cap A9, Laws of the Federation of Nigeria 2004) have been violated.”
