By Joel Okwara
Former spokesman of the Tinubu-Shettima President Campaign in the South East, Dr. Josef Onoh, has described the attempt to drag President Bola Tinubu and the Presidency into the Kano Emirate tussle as an act of political rascality taken too far.
Kano Deputy Governor, Aminu Abdussalam, in an interview with journalists in Kano alleged that the National Security Adviser, Malam Nuhu Ribadu ordered the return of HRH Aminu Ado Bayero as Emir of Kano and expressed the state government’s confusion and concern over the federal directive.
Onoh, while reacting to the allegations wondered why in Nigeria today, if a husband and wife have a private family misunderstanding, they will blame it on President Tinubu.
Onoh said that the accusation attempting to involve the Presidency is simply a well thought out mischievous plan to pitch the north against the administration of President Tinubu.
“I’m aware that certain individuals in the north are not comfortable with the position Malam Nuhu Ribadu took over some comments made by some Northern elites few months ago, hence we are not surprised at the unsubstantiated accusations.
“The President is focused on the heavy burden of of stabilising our Economy which the administration on assumption of office met in an intensive care unit (ICU), in a state of coma.
“Aside from H.E. Governor Siminalayi Fubara of Rivers State, I was the second Nigerian to boldly Congratulate His Eminence Emir Sanusi and the people of Kano state while encouraging them to maintain peace and order irrespective of divided personal intrests each person may hold.
“Governor Yusuf signed the Kano State Emirates Council (Amendment Number 2) Law, 2024, which aimed to consolidate the emirate system under Kano and reinstate Mohammadu Sanusi II, who was deposed in 2020.
“We aware that Chieftaincy matters remain a residual issues within the constitution that only the state government and the local government have powers of control and administer, hence it’s ridiculous to involve the President/Presidency.”
Onoh noted that irrespective of the Kano Federal High Court injunction which brought about some confusion, only the State High Court or the Customary Court, Grand Kadi Court in the North have jurisdiction to hear and determine issues relating to Chieftaincy.
“Therefore, the injunction relating to Chieftaincy cannot be validly issued by a Federal High Court. It’s wise that all parties apply wisdom especially when the two major individuals are cousins, hence it’s not wise to allow politics divide that which binds both together. A valid court order irrespective of the circumstance must be obeyed.
“However, under such circumstances, if the Federal High Court ultimately determines or finds out that it does not have jurisdiction but that it is the State High Court, in this case, the High Court of Kano State (or another court) that has jurisdiction, the Federal High Court has power, instead of striking out the matter, to transfer the same to the relevant/appropriate Court that has jurisdiction. Hence it’s only wise all parties refrain from dragging politics into such delicate situation.
“Finally, on whether an injunction can stop/restrain a completed act, considering that as of the time the Federal High Court made the said interim restraining order, Governor Yusuf had already reportedly signed the Bill into law as a well as reinstated Emir Sanusi Lamido.
“My opinion is that if the reinstatement of Emir Lamido Sanusi had already been carried out before the interim order by Hon Justice Liman of the Federal High Court which was (later) made, one wonders which action the said order was/is now targeting to stop/restrain,” Onoh opined.
He disclosed that in an unreported Appeal No: FCA/M6/82 (DAVID *DADA & ANOR FOR THEMSELVES AND OTHER MEMBERS OF MALAOYE (ADEITAN) AND OLUGBOGBO RULING HOUSES OF ADA V. CHAIRMAN OF IFEKODUN LOCAL GOVERNMENT CHIEFTAINCY COMMITTEE & ORS), the Court of Appeal had held that ‘When a Court is asked to restrain a party from doing an act pending the decision in a matter before it, but the act has been done, no order to restrain will be made. The reason is simple as it is clear. What is sought to be prevented has in fact happened.’
“As I urge all parties to refrain from escalating a delicate situation, I also urge H.E. the Deputy Governor of Kano state to retract his previous statement, accusing the Presidency of interference as I hope to believe he may have not been duly informed with correct details prior to making his statement.
“While we await the outcome of the pending legal issues, and if going by the allegation of the Kano state government that the Judge was outside the country when the order was issued; to the best of my knowledge, the guidelines for Virtual Court Proceedings (2020) only allowed virtual hearings in certain circumstances, such as urgent matters, interlocutory applications, pre-trial conferences and simple civil cases.
“However, the guidelines mandate that the judge, parties, and legal representatives be within Nigeria’s territorial boundaries during virtual proceedings.
“So, a Judge of the Federal High Court of Nigeria cannot sit over a case virtually from outside the country. He must be within Nigeria’s borders to participate in virtual court proceedings.
“While we await the outcome of the pending legal issues, I once more extended my congratulations to His Eminence, Emir Sanusi Lamido Sanusi, CON. May His Reign continue to be marked by wisdom, compassion, and prosperity for the people Of Kano and beyond.”
