Harsh words came yesterday from the Nigerian Bar Association (NBA) over the conflicting orders issued by courts in Kano in respect of the tussle in the Emirate.
NBA President Yakubu Maikyau described the actions of the Federal High Court and Kano High Court judges as a “disgrace and shame to the profession”
He spoke through a statement from the secretariat.
Also yesterday, the National Judicial Council (NJC) stepped into the matter by initiating a probe.
The probe will commence with the summoning of FHC Chief Judge, Justice John Tsoho, and Chief Judge of Kano, Justice Dije Aboki.
They are to appear before Chief Justice of Nigeria (CJN) Olukayode Ariwoola today.
Maikyau (SAN) said in a statement: “The conduct of counsel and the courts in the handling of the proceedings which culminated in the orders issued by the Federal High Court, the Kano State High Court and again the Federal High Court, in circus, have brought utter disgrace and shame to the profession – have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.
“The damage is one that would take the legal profession a long time to recover from. It is unfortunate and was totally uncalled for.
“For a country whose legal resources and expertise have for several decades been exported and positively impacted not only the African continent but the world at large, it is completely unacceptable that the processes of our courts would be deployed in the manner we have witnessed in the last couple of days, on a subject matter that is as clear as chieftaincy dispute.
“This is a subject that has been sufficiently dealt with by legislation and case law, leaving no one confused about the jurisprudence on the subject – both procedural and substantive.
“Without prejudice to the subsisting actions before both the Federal High Court and the Kano State High Court, it is my considered view that there is an urgent need to scrutinise the professional conducts of both counsel and the judges involved in these matters.”
NJC spokesman Soji Oye said the CJN will meet with the heads of court today.
Oye said in a statement: “Sequel to the conflicting judgments emanating from the Federal High Court and Kano State High Court of Justice on the chieftaincy matter in Kano State, the CJN and Chairman of NJC, Hon. Justice Olukayode Ariwoola, has summoned the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, and Chief Judge of Kano State High Court, Hon. Justice Dije Aboki for an emergency meeting in his chambers on Thursday.
“The meeting which is a prelude to whole scale investigation by the NJC is to enable the CJN to have a proper briefing on this very disturbing development by the two respective Chief Judges.
“There is strong indication that the NJC will conduct an emergency meeting next week where the subject judges are likely to be invited and subjected to serious investigations.”
Two courts on Tuesday gave conflicting orders involving the Emir of Kano Sanusi Muhammadu Sanusi II.
The first ruling by Justice S. A. Amobeda of the Federal High Court ordered Sanusi’s eviction from the palace.
The second order by Justice Adamu Aliyu of the State High Court restrained security agencies from evicting the monarch or seizing his symbol of authority.
A Kano High Court on Monday ordered the police to evict the deposed Emir Ado Bayero from the Nasarawa Palace.
Justice Amina Aliyu issued an interim injunction restraining Bayero and the emirs of Bichi, Rano, Gaya and Karaye from parading themselves as monarchs.
Four days earlier, the Federal High Court in Kano had granted an order restraining the state government from enforcing the Emirate Council Repeal Law that reinstated Sanusi.
Also yesterday, Kano Governor Abba Yusuf banned all forms of public demonstrations in the state.
He imposed stringent restrictions on all public gatherings.
The governor, in a statement by his Media and Publicity Director Sanusi Bature, said he was exercising the authority vested in him as the chief security officer of the state.
“By virtue of his position, the governor has directed the police, the Department of State Services and the Nigeria Security and Civil Defense Corps to apprehend, detain, and prosecute any individual or group partaking in demonstrations on the streets of Kano,” the statement said.
According to Bature, the governor’s decision is a proactive measure aimed at averting any potential breakdown of law and order orchestrated by adversaries of the state.
This was as stakeholders from the abolished three emirates of the Kano South geopolitical district: Gaya, Rano and Karaye called for immediate reinstatement of their emirs.
In a resolution signed by 103 stakeholders from the three emirates, cutting across all the local government areas that make up Kano South, they called on the state government and House of Assembly to uphold the rule of law and strictly adhere to the directives of the Federal High Court by promptly restoring the five emirates to prevent further escalation of the crisis.
The Nigerian Supreme Council for Islamic Affairs (NSCIA) urged Muslim clerics in Kano not to interfere in the ongoing crisis.
NSCIA, in a statement by its Secretary-General, Salisu Shehu, said it noticed with concern contradictory statements from the state’s Council of Ulamas.
It stressed that the statements could heighten tension instead of providing solutions to the problems.
The NSCIA asked the clerics, as “custodians of Islamic learning, values and guidance, to exercise caution and refrain from making statements that can further exacerbate tension and polarise the Ummah.”
