Justice Anwuli Chikere of the Federal High Court in Abuja has declared as illegal, unlawful and unconstitutional, the banishment of the deposed Emir of Kano, Sanusi Lamido Sanusi to Awe, a remote community in Nasarawa State by the Kano State government.
The court held that the restrictions placed on Sanusi after his deposition on March 9, 2020, on allegations of insubordination are a clear arbitrary violation of his right to freedom of movement and personal liberty granted by the Nigerian constitution.
Justice Chikere in a judgment on fundamental human rights suit filed by Sanusi agreed with Prince Lateef Fagbemi SAN, counsel to Sanusi that his client was moved out of Kano to Abuja and later to Awe, in Nasarawa State against his wish and in contravention of his right to freedom of movement and association.
She further held that the right to freedom of liberty and personal dignity granted under section 34 of Nigeria’s constitution cannot be taken away as done by the Kano government, Police and the DSS except with an express order of a court of competent jurisdiction.
The Judge subsequently voided the arrest, detention, harassment and banishment of Sanusi to Abuja and later to Nasarawa State and set it aside on grounds of being an infringement on his fundamental human rights.
An Emirates Chieftain law of Kano State which empowers a governor to restrict or banish any deposed traditional ruler was also voided on account of being illegal, unlawful having run into conflict with provisions of the 1999 constitution.
Justice Chikere agreed with Lateef Fagbemi SAN that the country’s constitution is the supreme law and that any law which runs contrary to its provisions must not be allowed by any law court to stand or have its way or effect on any Nigerian citizen.
Justice Chikere, therefore, declared as illegal, unlawful and unconstitutional, the purported house arrest and restrictions placed on the former Emir by the Kano State government, Police and the Department of the State Service DSS.
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