12 SANs Lead Sanusi's Freedom Battle As Hearing Begins Today In Court

The deposed Emir of Kano, Muhammadu Sanusi, on Thursday instituted a suit before the Federal High Court in Abuja seeking an order for his release from the post-dethronement detention and confinement.

The PUNCH learnt late on Thursday that former Emir’s preliminary ex parte application seeking an interim order for his release had  been assigned to Justice Anwuli Chikere.

Barring any last-minute development, the judge will hear the ex parte application on Friday, our correspondent learnt.

The Kano  State Governor, Abdullahi Ganduje, on Monday deposed Sanusi because of what the state government called “total disrespect  to lawful instructions from the office of the state government.”

On Monday, the dethroned monarch  was  banished to Loko, a remote location in Nasarawa State. On Tuesday,  he was  relocated  to Awe, where he is currently being detained in a guest house.

But Sanusi’s  team of lawyers led by Lateef Fagbemi (SAN) on Thursday filed a suit marked FHC/ABJ/CS/357/2020 before the Federal High Court in Abuja to challenge his banishment and continued detention in Awe by security agencies.

The respondents to the application are, the Inspector-General of Police, Mohammed Adamu; the Director-General of the Department of State Services, Yusuf Bichi; the Attorney-General of Kano State, Ibrahim Muktar, and the Attorney-General of the Federation, Mr. Abubakar Malami (SAN).

In the application, which is a prelude to the main suit, the deposed monarch  specifically prayed for an interim order for the restoration of his rights to human dignity, personal liberty, freedom of association, and movement around Nigeria, apart from Kano State, pending the hearing and determination of his main suit.

“An interim order of this honourable court releasing the applicant from the detention and or confinement of the respondents and restoring the applicant’s rights to human dignity, personal liberty, freedom of association and movement in Nigeria, (apart from Kano State) pending the hearing and determination of the applicant’s originating summons,” the prayer read in part.

Alleging a breach of their client’s rights provided under sections 34,35, 40, 41 and 46 of the Nigerian Constitution, Sanusi’s legal team comprising 12 Senior Advocates of Nigeria, contended, “the applicant’s fundamental right to life, human dignity, personal liberty and movement are seriously under challenge and continually being breached by the respondents.”

The battery of SANs comprises, Fagbemi;  Prof. Konyinsola Ajayi;  a former President of the Nigerian Bar Association, Abubakar Mahmoud;  Adeniyi Akintola, the incumbent NBA President, Paul Usoro; Ifedayo Adedipe, Dr. Garba Tetengi, Suraj Sa’eda, Funke Aboyade, Nesser Dangiri, Ernest Ojukwu, and H.O. Afolabi.

In addition to the interim order, the lawyers sought an order granting leave to the applicant to serve the order to be issued by the court and the main suit on the four respondents through substituted means.

He prayed for an order permitting him to deliver the processes meant for the IGP to any officer in his office at the police headquarters at Louis Edet House, Garki, Abuja, the ones for the DG DSS to any officer at the DSS headquarters at Aso Drive in Abuja, the ones for the AG of Kano State to any officer at state’s Ministry of Justice, Audu Bako Secretariat, Kano, and the ones for the AGF to any officer at the Federal Ministry of Justice in Abuja.

His grounds for the application are, “The applicant’s originating motion and all other processes were filed on March 12, 2020.

“Considering the status of the respondents, it would be difficult to effect personal service on the first second and third respondents (IGP, DG of DSS), unless this application is granted.

“First, second and third respondents will have knowledge of the originating motion for the enforcement of the applicant’s fundamental right, if they are served by substituted means as stated on the motion paper.

“There is an urgent need to grant this application so that service can be promptly effected on the first, second and third respondents.

“Applicant’s fundamental rights to life, human dignity, personal liberty and movement are seriously under challenge and continually being breached by the respondents.”
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Via The PUNCH