Socio-Economic Rights and Accountability Project (SERAP), has written the United Nations Working Group on Arbitrary Detention and degrading treatment of deposed Emir of Kano, Muhammadu Sanusi (II), [Sanusi Lamido Sanusi].”
SERAP Deputy Director, Mr. Kolawole Oluwadare, In a letter, dated March 11, 2020, stated: “The detention of Emir Sanusi constitutes an arbitrary deprivation of his liberty because it does not have any legal justification. The detention also does not meet minimum international standards of due process.
” SERAP said: “The arrest and continued detention of Emir Sanusi Lamido Sanusi is an egregious violation of his human rights.
”The Nigerian and Kano State authorities have violated the following rights under the Nigerian Constitution, 1999 (as amended) and international law in continuing to detain Emir Sanusi: the right to be free from arbitrary detention; the right to freedom of movement; and the right to due process of law.”
It continued: “A detention is arbitrary when it is clearly impossible to invoke any legal basis justifying the deprivation of liberty. Article 9(1) of the International Covenant on Civil and Political Rights, which confirms the right to liberty and freedom from arbitrary detention, guarantees that no one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”
Recall that Sanusi was sacked by Governor Abdullahi Ganduje on Monday after falling prey to political intrigues.
The dethroned Emir was sent on exile to Nasarawa State.
Speaking on how sending Emir on exile works in northern tradition, Director General, Media and Communications, Kano State government, Salihu Yakasai via his official Twitter handle: @Dawisu, faulted some sympathy comments, advising Sanusi to jostle for Presidential seat in 2023.
“Clearly, some people are ignorant of how dethronement works. When an Emir is dethroned, he is sent to exile in a remote location and will basically be under house arrest and won’t have access to visitors. A person under this circumstance will be after his freedom and not the next election,” he tweeted.
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In swift reaction, some eminent lawyers including radical Lagos lawyer, Femi Falana, SAN, are challenging the legality of the dethronement, and indeed the banishment as an outdated illegality and a gross violation of the Nigerian constitution.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.”
