The deposition and banishment of deposed Emir of Kano Muhammad Sanusi II has been condemned by lawyers and other Nigerians.
Senior lawyers in Nigeria condemned the action of the Kano state government saying the practice has no legal basis.
Failure to challenge his banishment, the legal experts said, will set a bad precedent, according to a report by TheNation.
In the report by the Newspaper, senior Advocates of Nigeria (SANs), including a former Nigerian Bar Association (NBA) President Joseph Daudu, Mike Ozekhome (SAN) and Femi Falana (SAN), constitutional lawyer Sebastine Hon (SAN), as well as Abiodun Owonikoko (SAN) and Norrison Quakers (SAN), said the banishment was illegal.
Ahmed Raji (SAN), former NBA Second Vice President Monday Ubani, activist-lawyer Jiti Ogunye, and constitutional lawyer Ike Ofuokwu also weighed in.
Also on Tuesday, Stanbic IBTC Bank Plc founder Atedo Peterside turned down an invitation to be a panellist at a consultative roundtable organised by the Central Bank of Nigeria (CBN). The event is slated for today.
In a letter to CBN governor Godwin Emefiele, Peterside said: “By coincidence, the ex-Emir of Kano is your predecessor at the CBN. Ordinarily, he qualifies to be invited for tomorrow’s (today’s) event. Did you invite him?
“I have decided to stay away from your consultative roundtable and to instead use the opportunity of this letter to draw the attention of a wider audience to my displeasure with the events of yesterday (Monday).
“Please forgive me because I am in no mood to immediately pretend as if all is well by proceeding with business as usual,” he wrote in a letter to CBN Governor Godwin Emefiele, on Tuesday
Peterside also tweeted: “In 1888, King Jaja of Opobo was exiled by the British to St. Vincent in the West Indies. This act of injustice still hurts us in Opobo Town until this day. The Nigerian Constitution makes such acts illegal. How can Kano Governor exile Emir Sanusi in 2020?
“The Nigerian Constitution makes it clear that a person accused of wrongdoing must be afforded a fair hearing. Emir Lamido Sanusi’s accusers cannot be the ones to pronounce him guilty. This is unacceptable in 21st Century Nigeria.”
The SANs, in separate interviews shared similar views.
Daudu said: “Clearly, banishment is an anachronistic follow-up or consequence of the deposition. We are yet to see the instrument of deposition and cannot, therefore, speculate on its terms or contents.
“Notwithstanding, Emir Sanusi has left with his head held high. He has occupied the stool of his forefathers. He has lost nothing.
“Nigeria needs him for future services; he is still both mentally and physically young and should prepare himself for a prime leadership position in future.
“As for his legal rights as to his inter-state banishment, two things arise. Firstly, it has the support and concurrence of the Federal Government, without which such inter-state transfer is not possible.
“Secondly, Emir Sanusi is quite learned. He will advise himself as to any necessary legal steps he may wish to take in the light of his cross-border banishment.”
Falana said Sanusi’s right to a fair hearing was violated as he was not given adequate time to defend himself.
“As if the reckless violations of the Emir’s right to a fair hearing were not sufficient, Governor Ganduje proceeded to order the indefinite restriction of the deposed Emir’s movement and indefinite detention in Nasarawa State.
“Thus, the fundamental rights of Sanusi Lamido Sanusi to personal liberty and freedom of locomotion guaranteed by sections 35 and 41 of the Constitution as amended and article 6 and 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act Cap A9, Laws of the Federation of Nigeria 2004) have also been violated.
“Since the Kano State government lacks the power to abrogate the fundamental rights of Sanusi without following a procedure permitted by law, his banishment and detention in Nasarawa State are illegal in every material particular,” Falana said.
The SAN cited the case of the Kebbi State Attorney-General vs. HRH Al- Mustapha Jokolo (2013) (LPELR-22349).
The Court of Appeal held: “Section 41(1) of the Constitution is germane and it provides thus: ’41 – (1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom…
“The appellant has not been able to show that the banishment of the 1st respondent from Gwandu Emirate in Kebbi State and his deportation to Obi in Nasarawa State were in accordance with the clear provisions of Section 41 of the Constitution.
“The banishment and deportation from Kebbi State by the Governor of Kebbi State, on or about the 3rd of June, 2005 of the 1st respondent to Lafia in Nasarawa State and later to Obi, also in Nasarawa State, is most unconstitutional, and illegal.
“By the said banishment and deportation, the 1st respondent has been, unduly and wrongfully denied his constitutional rights ‘to respect for the dignity of his person’; ‘to assemble freely and associate other persons’ – including the people of Gwandu Emirate of Kebbi State; and to ‘move freely throughout Nigeria and to reside in any part thereof’ as respectively provided in the Constitution of the Federal Republic of Nigeria, 1999.”
Falana said Kano State government should release Sanusi forthwith and allow him to enjoy his fundamental rights to personal liberty and “freedom of locomotion” as well as the right to contest his removal from the Kano throne if he so desires.
For Quakers, Sanusi’s banishment offends the provisions of sections 35(1), 40 and 41 of the 1999 Constitution (as amended).
“I believe the deposed Emir is a very enlightened and urbane Nigerian. He should seek redress by approaching the court to enforce his constitutional right just as Mustapha Jokolo did in challenging the Government of Kebbi State for the constitutionality of his banishment which infracted his constitutional right.
