Emir Tussle: Court Slams ₦10m Fine On Kano State Over Breach Of Bayero’s Right
A Federal High Court sitting in Kano, has ordered Kano State Government to pay the sum of N10 million as compensation for breaching the 15th Emir of Kano, Aminu Bayero’s fundamental human right.
The presiding judge, Justice Simon Amobeda gave the order while delivering the judgment in the case instituted by Aminu Bayero seeking for the enforcement of his fundamental human rights.
Justice Amobeda described the order given by Kano State Governor, Abba Yusuf for the arrest of Aminu Bayero as unlawful and that which has forced the applicant into house arrest for fear of been arrested.
The respondents in the suit are the Attorney General of the Federation as 1st respondent, Attorney General of Kano State (2nd), Nigeria Police Force (3rd), IGP (4th), Commissioner of Police in Kano (5th), DSS (6th), NSCDC (7th), Nigerian Army (8th), Nigerian Airforce and Nigerian Navy as 9th and 10th respondents respectively.
The Judge however, restrained the 2nd, 3rd, 4th and 5th from arresting, detaining, threatening, intimidating, harassing the Applicant or further interfering with the Applicant’s fundamental rights.
The judgement reads, “That, the act of the Governor of Kano State in directing the Police to arrest the Applicant without any lawful justification is a threatened breach of the fundamental right to Liberty of the Applicant guaranteed under Section 35(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“That, the act of the Governor of Kano State in directing the police to arrest the Applicant without any lawful justification, which directive has forced the Applicant into house arrest, preventing him from going freely about his lawful business, constitutes a flagrant violation of his fundamental right to freedom of movement as guaranteed under Section 41(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“That the 2nd, 3rd, 4th and 5th Respondents are either by themselves, their agents, servants, privies, or any other person or authority forthwith restrained from arresting, detaining, threatening, intimidating, harassing the Applicant or further interfering with the Applicant’s fundamental rights.
“That the 2nd Respondent and the Government of Kano State shall pay to the Applicant the sum of N10,000,000.00 (Ten Million Naira) only for the breach and likely breach of the Applicants fundamental rights to personal liberty and freedom of movement guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 (as altered).
“The prayer for the cost of filing and prosecuting this suit is refused, the amount having not been specifically pleaded and strictly proved,” Justice Amobeda however ordered.