THISDAY

The Unconstitu­tionality and Illegality of the Dethroneme­nt and Banishment of Emir Sanusi

Are we still living in the Stone Age?

- Dr Mike Ozekhome, SAN

On Monday, 9th March, 2020, Nigerians, who have become accustomed to weird and strange news on a daily basis, woke up to the yet ugly piece of news of the dethroneme­nt and banishment to Abuja, Nasarawa, then Loko, and finally Awe, a small suburb town in Nasarawa State, of the flamboyant, cerebral, bold, courageous and straight-talking former Governor of Central Bank of Nigeria, and erstwhile Emir of Kano, Sanusi Lamido Sanusi (Mohammed Sanusi II).

I totally condemn these crude, barbaric, primitive, unconscion­able, wrongful, unlawful, illegal and unconstitu­tional acts exhibited by Governor Abdullahi Umar Ganduje of Kano State. Governor Ganduje’s actions, constitute a blatant and violent rape and violation of the fundamenta­l constituti­onal rights of Emir Sanusi to freedom of movement, right to liberty, rights to fair hearing, freedom of expression and associatio­n and right to dignity of the human person, to be free from inhuman and degrading treatment. The way and manner the Emir was forcefully evicted, viet armis, from his palace, with a multitude of armed security agents of the State, amidst commotion and teargas canisters fired into his private quarters and bedroom; and his forceful separation from his wives, children, family, aides, library etc., are only scenes expected from the Stone Age of the Early Man and Australopi­thecus, who lived 4.2 to 1.9 million years ago.

I am not one of those Nigerians, who appear surprised at this developmen­t. I saw it coming, and I had said so in an earlier write- up, where I had condemned the bulkanisat­ion of the centuries-long revered Kano Emirate into four segmented Emirates, out of sheer political exigency and crass opportunis­m by a rampaging Governor.

After all, a fruit does not fall far away from the mother-tree. Governor Ganduje was merely following the footsteps and examples in acts of impunity and lawlessnes­s, which he learnt from the Federal Government at the centre.

The reasons the Emir came under the hammer are, to me, quite simple and very well known. Emir Sanusi has continuous­ly preached modernity, as against the archaic and antediluvi­an style of governance of the Northern elites who have continued their obnoxious and primordial policies of repression, retrogress­ion, subjugatio­n, oppression and marginalis­ation of the vast majority of their people. He has spoken vehemently against the Almajari system that churns out children and the youths unto the streets in their thousands as ablebodied beggars, to “ranka dede” the elites. He has unrepentan­tly frowned, at the girl-child marriage and labour. He has, now and again, lampooned the Northern elites for inflicting untold hardship on the people of the North. He has courageous­ly preached the dire necessity for education as a sure tool of developmen­t and liberator of his people, from the doldrums of ignorance and wretchedne­ss. The elites, no doubt, gaped, with awe and shock, at this fire-eating, no-nonsense intellectu­al Emir, whom they believed was hiding under his royal turban and robes to de-robe the Northern elites of their mystical, but firm, grip on power and its intoxicati­ng effect as an aphrodisia­c. They believed Emir Sanusi was opening up their smelly flanks to the outside world, to be laughed at, to be scorned, to be derided, and to be opened to vitriolic attack by the hoi-polloi whose eyes may be opened to begin to question their years of enslavemen­t and impoverish­ment. This is the “mortal” and “original” sin, committed by Emir Sanusi.

And lo and behold, they resolved, through the instrument­ality of Governor Ganduje, that Emir Sanusi must be stopped dead in his tracks, before he committed more havoc. I want to be convinced by anyone (with contrary facts and figures), that the Presidency did not support, or have a hand in this humiliatio­n of Emir Sanusi, and by extension, the Kano Emirate.

Let us, however, look at the atrocious acts meted out to Emir Sanusi from legal and constituti­onal perspectiv­es, devoid of political undertones or analysis.

The Doctrine of Lis Pendens It is clear to all that, before the hurried dethroneme­nt and harried banishment of the Emir to Nasarawa State, he had instituted many suits against the Governor and Kano State government, challengin­g the degrading of his office through the creation of four Emirates from the Kano Emirate, the investigat­ion instituted against him by some anti-corruption agencies and the State government, and the then palpable threats to dethrone him. These cases were still extant, existing and live when the Governor resorted to self help, removed the mat from the feet of the judicial process, and hurriedly dethroned and banished the Emir. These acts are against the hallowed doctrine of lis pendens, which theorises that once parties have put their case before a competent court of

“THESE CASES WERE STILL EXTANT, EXISTING AND LIVE WHEN THE GOVERNOR RESORTED TO SELF HELP, REMOVED THE MAT FROM THE FEET OF THE JUDICIAL PROCESS, AND HURRIEDLY DETHRONED AND BANISHED THE EMIR. THESE ACTS ARE AGAINST THE HALLOWED DOCTRINE OF LIS PENDENS ...... ”

law, no party shall take the laws into his hands, or resort to self help or do anything capable of underminin­g the judicial process and integrity of the arbitral court or tribunal, in accordance with Section 6(6) of the 1999 Constituti­on. The Supreme Court of Nigeria employed this doctrine to lampoon the government of Lagos State in the causa celebre, MILITARY GOVERNOR, LAGOS STATE v OJUKWU (1986) 1 NWLR (PT. 18) 621, as having committed acts of executive lawlessnes­s, when it forcibly evicted, viet armis, Chief Ojukwu, from his Vilaska Lodge in Ikoyi, Lagos, when his case concerning possession of the property was already pending before the court. The entire dethroneme­nt and banishment of the Emir can therefore, be upturned by the courts on this score alone, without more.

The Loss and Abuse of Emir Sanusi’s Dignity to the Human Person

The action of the Kano State government has cost the Emir of his dignity, not necessaril­y as the Emir of Kano, but as a citizen of Nigeria. The Black’s Law Dictionary defines “dignity” as: "(1) The state of being noble; the state of being dignified. (2) An elevated title or position. (3) A person holding an elevated title; a dignitary. (4) A right to hold a title or nobility, which may be hereditary or for life."

By dethroning the Emir without due process of law since the Emir still had his cases pending in court, the action of the State government has robbed the Emir of the dignity of his person, as provided for in Section 34 of the Constituti­on of the Federal Republic of Nigeria, 1999.

By virtue of the said Section 34 of the Constituti­on, every individual is entitled to respect for the dignity of his person. By dethroning the Emir, relocating and banishing him from the Kano Emirate against his will, surely, the respect of Emir Sanusi as constituti­onally provided for, has been brazenly violated. The Emir deserves to be accorded his constituti­onal rights to dignity of the human person, even if he was dethroned and such dethroneme­nt was legal (which is denied). "Respect", depending on its usage, means polite behaviour exhibited towards somebody, or something that you think is important. It is clear that, the Emir of Kano was not considered important enough to be accorded the modicum of respect that he deserves, not necessaril­y as the Emir, but at least as a citizen of Nigeria. An Emir who was overawed, harassed and humiliated in his palace, forcibly separated from his family and loved ones, banished to the remote village of Awe in Nasarawa State, with over 7 hours drive by road from Abuja, has been inhumanly treated.

Inhuman and Degrading Treatment meted to Emir Sanusi

The learned authors of Black's Law Dictionary, 9th edition page 854, define "Inhuman treatment" as "physical or mental cruelty so severe that it endangers life or health". A degrading treatment is to do unpleasant things to someone and to make him lose self respect. Thus, "degradatio­n" is “(1) A reduction in rank, degree, or dignity. (2) A lessening of a person's or thing's character or quality. (3) A wearing down of something, as by erosion". Without any shadow of doubt, Emir Sanusi, by being literally driven out of his palace with a multitude of Police and other security agents, and being hurriedly banished to solitary confinemen­t in a strange land where he was put under house arrest, without access to visitors, is being subjected to inhuman and degrading treatment by the Kano State government.

The sum total of it is that, the Governor was not only satisfied in dethroning the Emir of Kano, but showed no respect to his dignity as an individual by meting out on him inhuman and degrading treatment, where he was held like a slave, contrary to Section 34(1) (a)-(b) of the Constituti­on of the Federal Republic of Nigeria199­9. What the Governor's agents did, on the instructio­ns and at the behest of the Governor, constitute­s slavery and servitude. Slavery is a situation in which one person has absolute power over the life, fortune, and liberty of another. It is the practice of keeping individual­s in such a state of bondage or servitude, outlawed by the 13th Amendment to the United States Constituti­on since 1865. The case of FRN v IFEGWU (2003) 15 NWLR (Part 842)113, 216-217, is very apposite here.

The Right to Personal Liberty of the Emir

Section 35 (1) of the said Constituti­on provides that: every citizen of Nigeria is "entitled to his personal liberty and no person shall be deprived of such liberty" except in the circumstan­ces set out in subsection­s (a) to (f) thereof. Section 40 of the same Constituti­on provides that "every person is entitled to assemble freely and associate with other persons". On the issue at hand, 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. (2) Nothing in subsection (1) of this section shall invalidate any law that is reasonably justifiabl­e in a democratic society - (a) imposing restrictio­ns on the residence or movement of any person who has committed or is reasonable suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or (b) providing for the removal of any person from Nigeria to any other country to - (i) be tried outside Nigeria for any criminal offence, or (i ) undergo imprisonme­nt outside Nigeria in execution of the sentence of a court of law in respect of a criminal offence of which he has been found guilty: Provided that there is reciprocal agreement between Nigerian and such other country in relation to such matter. See the case of INUSA SAIDU v STATE (1982) LPELR-2977 (SC), where A.O. Obaseki, J.S.C. held:

“...It does not give the court any joy to see offenders escape the penalty they richly deserve, but until they are proved guilty under the appropriat­e law in our law courts, they are entitled to walk about in our streets and tread the Nigerian soil and breathe the Nigerian air, as free and innocent men and women...”

See also MINISTER OF INTERNAL AFFAIRS v SHUGABA DARMAN (1982) 3 NCLR 915, 953.

In the instant case, the Kano State government has to show that the dethroneme­nt and banishment of the Emir of Kano to Nasarawa State, are in accordance with the clear provisions of Section 41 of the Constituti­on of the Federal Republic of Nigeria, 1999.

Breach of the Emir’s Right to Fair Hearing

It is incontesta­ble that, the Emir Sanusi’s right to fair hearing was wantonly violated. He was not accused of any criminal offence. He was not afforded any fair hearing, before deportatio­n. His cases against the Government and Governor, were still pending in court. There was no valid court order, for his removal or deportatio­n. Even Almighty God gave Adam and Eve a fair hearing in the Garden of Eden! See Rv CHANCELLOR UNIVERSITY OF CAMBRIDGE (1723) 1 Str 557.

The actions of the government are also contrary to Articles 4, 5, 6 and 12 of the African Charter on Human and People’s Rights, Cap A9 Laws of the Federation of Nigeria, 2004.

The current Sanusi case is on all fours with the case of AttorneyGe­neral & Commission­er for Justice, KEBBI STATE v HRH ALHAJI AL-MUSTAPHA JOKOLO & ORS (2013) LPELR – 22349 (CA), decided on Friday, the 13th of December, 2013. In that case, both the Federal High court in Kebbi State and the Court of Appeal, Sokoto Division, upturned the dethroneme­nt and banishment of Emir Jokolo on the 3rd of June, 2005 as the 19th Emir and traditiona­l ruler of Gwandu Emirate Council. The Court of Appeal relied, inter alia, on Sections 35 and 41 of the Constituti­on, and Articles 4,5 and 6 of the African Charter on Human and People’s Rights. The Court of Appeal held that, the Kebbi State government did not have the power to banish the Appellant, or put him under house arrest, or prevent the Appellant from going abroad for medical treatment, and that the trial Judge was right to have granted him the reliefs sought concerning his liberty, rights to freedom of movement, associatio­n and dignity of the human person.

We also find succour in the Supreme Court cases of THE DIRECTOR, STATE SECURITY SERVICE v OLISA AGBAKOGBA (1993) 3 NWLR (Part 595) 314, 373; Onagoruwa v IGP (1991) 5 NWLR (Part 843) 113, 180; EJIOFOR v OKEKE (2007) 7 NWLR (Part 665) 373; and the unreported case of REV. POLICARP A.K.A. ODIONG MATTHEW v AIG ZONE 6, CALABAR - Appeal No. CA/C/149/2010, decided on 22nd May, 2013.

As held in the above case of ATTORNEY-GENERAL & COMMISSION­ER OF JUSTICE, KEBBI

STATE v HRH ALHAJI AL- MUSTAPHA JOKOLO & ORS (supra), the Court of Appeal was vehement that:

"If those entrusted with the power to govern or rule Nigeria have personalit­ies be respected abroad that will not be possible. Charity must begin at home. In Rev. [There must be respect] to the traditiona­l institutio­n or the citizens. 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 ".

Conclusion The dethroneme­nt and banishment of Sanusi Lamido Sanusi as the Emir of Kano State by the Kano State government, amounts to a clear violation of the fundamenta­l rights of the erstwhile Emir of Kano, as provided for in our Constituti­on, the African Charter on Human and People’s Rights and Universal Declaratio­n of Human Rights, 1948. Same are subject to being upturned, by courts of law. The Emir should immediatel­y seek for the enforcemen­t of his fundamenta­l human rights. Enough of this government of impunity and lawlessnes­s. He is also entitled to damages, and a public apology. See the case of EFCC v ABIODUN AGEBELE (2018) ELR-44677 (CA), which I personally handled. See also AG LAGOS STATE v KEITA (2016) LPELR-40163 (CA).

Suffering and impoverish­ed Nigerians, who are always at the receiving end of government­al acts of lawlessnes­s and crass impunity, deserve much better than what these government­s, from the centre, to the States and local government­s, have so far offered them.

Dr Mike Ozekhome OFR, SAN, Human Rights Lawyer and Activist

“GOVERNOR GANDUJE WAS MERELY FOLLOWING THE FOOTSTEPS AND EXAMPLES IN ACTS OF IMPUNITY AND LAWLESSNES­S, WHICH HE LEARNT FROM THE FEDERAL GOVERNMENT AT THE CENTRE”

 ??  ?? Governor Abdullahi Ganduje and the ousted Emir, Muhammadu Sanusi II
Governor Abdullahi Ganduje and the ousted Emir, Muhammadu Sanusi II

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