COURT ORDERS ADO BAYERO TO REINSTATE SACKED KINGMAKER
Kano High Court presided over by Justice Mohammed Salamato has set aside the sacking of Alhaji Aminu Babba Dan Agundi as the Sarkin Dawaki Maitutata/District Head of Gabasawa, a district under Kano Emirate Council.
Delivering judgment against Emir of Kano, Alhaji Ado Bayero and Kano Emirate Council on Thursday in Kano, the presiding judge held that the procedure for the deposition of the former kingmaker, in December 2003, contravenes the law of natural justice and the plaintiff's right to fair hearing.
Arising from the judgment, Justice Salamato granted a consequential order to the effect that all the salaries, allowances, privileges and honour due to the deposed ruler from the date of his suspension and sack to the present day be restored to him by the respondents in the case.
In delivering the judgment, the judge took cognisance of the difficulty of the case especially given the parties involved, but held that he his duty bound to uphold the law of the land.
Citing a similar judgment of the Supreme Court in the case of Lounge Versus FBN, Justice Salamato held that if the Kano Emirate Council had exercised more patience and had followed due process in the sacking of the plaintiff from his stool, they would yet have achieved the same objective.
He also observed that while the plaintiff's suspension letter accused him of absence from his traditional domain of Gabasawa, the Madaki Panel Report, which investigated him earlier dealt with his alleged participation in politics. To this, the judge explained that the activities of the panel as it relates to requirements of fair hearing couldn't be said to have bearing on his suspension, which bordered on a different excuse.
The judge, however, ruled that the title of Sarkin Dawaki Maituta/ District Head of Gabasawa is not exclusively hereditary to the House of Jamo. He also stated that traditional titleholders in the state are public servants given that the Emirate Council derives its life from the Local Government Laws of Kano State while noting that the Emirate Council, itself is a creation of statues.
Speaking to Saturday Sun after the judgment, counsel to the Emir of Kano, Dr. Mamman Lawal Yusufari said that the judge in the case had tried his best but added that,' It is left for the party in the case to determine the next line of action. If he says that we shall appeal the case, then we shall do so'.
Three issues were determined by the court, which are: Whether the title of Sarkin Dawaki Maituta is a exclusive to the House of Jamo (the family of the plaintiff) following the attestation of a Kano State Government White Paper (1974), whether traditional title holders in the state are public officers and whether the suspension of the plaintiff was in consonance with the law of fair hearing as provided by the constitution.