By Danladi Muazu (Kano)
The Kano State Assembly’s recent repeal of the Kano Emirate Council Law 2019 has attracted significant attention from the legal community, specifically the Nigerian Bar Association (NBA) Kano Branch. The association, known for its rigorous commitment to upholding the rule of law, has expressed deep concerns regarding this development, noting potential implications for the state’s legal and political landscape.
In a detailed press statement issued by Sagir Suleiman Gezawa, Chairman of the NBA Kano Branch, and made available to GMTNewsng this morning, the association outlined multiple areas of concern. “The constitutional duty of a State Assembly to legislate is undeniable and must be respected as such,” Gezawa asserted. “Once the State Assembly passes a law, it falls within the governor’s prerogative to give assent, thereby enacting it into law. This process is fundamental to our democratic principles.”
Gezawa emphasized that once a law receives the governor’s assent, it becomes binding on all stakeholders. “It is then the responsibility of state apparatus to implement it, with enforcement carried out by competent courts of law,” he explained. This underscores the NBA’s commitment to a clear and transparent legislative process where the roles of various governmental branches are distinctly honoured.
The role of the judiciary in interpreting the law cannot be overstated. “It is within the purview of the courts to interpret any law to ensure it aligns with other existing laws and the Constitution,” Gezawa stated. “In doing so, we urge our members to act responsibly and approach courts with competent jurisdiction, thereby maintaining the integrity of our legal system.”
Sanusi Lamido Sanusi, Emire of Kano
One fundamental principle that the NBA Kano Branch stands by is the sanctity of court orders. “A court order, once given, is sacrosanct and must be obeyed,” Gezawa reiterated. “That is the motto of this association: promoting the rule of law. Respecting court orders is crucial for maintaining public confidence in our judiciary.”
Concerns were also raised over the misuse of military power in enforcing court orders. “It is crucial to recognize that the judiciary has its own mechanisms for enforcing its orders,” Gezawa pointed out. “It is not within the powers of the Nigerian Army to deploy troops for this purpose. Such actions are a sad reminder of military dictatorship and must be vehemently condemned. The military’s involvement in civil matters undermines democratic institutions.”
Gezawa went on to highlight the procedural steps necessary for enforcing court orders properly. “Anyone found disobeying a court order, which is declaratory in nature, must be proven to have been notified of the order’s existence via issuance of Form 48, followed by Form 49. This notifies the individual of the consequences of their actions, in line with the Sheriff and Civil Processes Act and the various state laws regarding the enforcement of court judgments,” he elaborated. This legal framework is designed to ensure due process and fairness.
The NBA Kano Branch also criticized the practice of involving security apparatus in enforcement actions. “Engaging security personnel without the officers of the Deputy Sheriff’s Department of the relevant court may appear to be an act of self-help, which must also be condemned,” Gezawa advised. “This can erode trust in legal processes and promote lawlessness.”
In his concluding remarks, Gezawa called on all state actors to uphold their oaths of office with the utmost integrity. “As an association, we urge all state actors and security agencies to remain mindful of their scope of duties. Their actions should not make a mockery of our judicial system. They must also be aware that their actions could breach the security and peace of Kano State, and they shall be held accountable, both in this life and the next,” he warned. “Accountability is essential for preserving the rule of law and public trust.”
Aminu Ado Bayero, former Emire of Kano
The NBA Kano Branch’s comprehensive press statement emphasizes the importance of adhering to legal processes, respecting judicial independence, and preventing the misuse of power. The association’s dedication to upholding the rule of law and ensuring justice and order in Kano State is clear and unwavering.
This unfolding situation continues to be closely monitored, and the NBA’s steadfast stance sends a strong message to all stakeholders about the importance of rule-based governance. The legal community, citizens, and international observers will be watching how the Kano State government responds to these concerns, highlighting the broader implications for governance and the rule of law in Nigeria. GMTNewsng
