Justice Anwuli Chikere of the Abuja Division of the Federal High Court on Friday ordered the release of the deposed Emir of Kano, Muhammad Sanusi II, from dentention.
Justice Chikere gave the order in a ruling on an exparte motion filed by Sanusi through his lawyer, Prince Lateef Fagbemi (SAN).
Sanusi has been under house arrest since Monday, in Awe town in Nasarawa State, where he was banished to, after his dethronement as Emir of Kano.
The former emir however filed a suit challenging his detention and confinement to Awe by the Kano State government and agents of the federal government.
Sanusi, in the fundamental human rights suit instituted in Abuja on March 12, is praying the court to void his banishment to Nasarawa State and order his release so that he can enjoy his fundamental rights as provided by law.
In the suit with no: FHC/ABJ/ CS/357/2020, the former emir specifically wants the court to restore his right to human dignity, personal liberty, freedom of association and movement in Nigeria apart from Kano State.
The suit is brought pursuant to section 34, 35, 40, 41 and 46 of the 1999 Constitution and Order 4 Rule 4 of the Federal High Court.
Apart from the originating motion, Sanusi also filed an exparte application, praying the court for an interim order for his release.
He also prayed for another order granting him leave to serve the enrol order of his release and the originating motion on any officer at the office of the respondents.
The respondents are: the Inspector General of Police (IG), Director General of the State Security Services (SSS), Attorney General of Kano State and Attorney General of the Federation (AGF).
Delivering ruling on Friday, Justice Chikere made an “interim order releasing Sanusi from detention and or confinement of the respondents and restoring the applicant’s right 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 motion.
Justice Chikere also granted leave to Sanusi to serve the enrol order of his release and the originating motion as well as all processes on any officer at the respondents’ headquarters in Abuja and Kano State.
Sanusi had on Thursday formally dragged the IG, DG SSS, Kano State AG and the AGF before a Federal High Court in Abuja over his alleged unlawful banishment to Awe town in Nasarawa State.
The government of Kano State had on Monday, March 9, 2020, announced his dethronement on grounds of alleged disregard to constituted authorities, disloyalty and refusal to attend council meetings, amongst others.
Shortly after his dethronement, he was banished to Loco town in Nasarawa State from where he was later moved to Awe town where he is currently.
But the vocal former traditional ruler said that his banishment and subsequent confinement to Nasarawa State is an infringement of his fundamental human rights as enshrined in the 1999 Constitution.
The judge subsequently fixed March 26 for hearing in the originating motion.