Two SANS condemned the banishment of Former Emir Sanusi said it’s unconstitutional

Two Senior Advocates of Nigeria, Mr Adegboyega Awomolo and Femi Falana, faulted the banishment of Sanusi by the Kano State Government.

In separate statements, they said the banishment was a violation of the ex-Emir’s fundamental rights guaranteed under sections 34, 35, 40 and 41 of the Nigerian Constitution.

Falana noted that Sanusi was dethroned by Ganduje-led state executive council for insubordination without according him fair hearing.

The senior lawyer, who contended that the practice of banishing dethroned monarchs belonged to the era of colonialism, explained that the Court of Appeal had in 2013 in the case of a former Emir of Gwandu in Kebbi State, Al-Mustapha Jokolo, against Kebbi State Government, declared the practice as unconstitutional.

He said, “The British colonial regime got away with such atrocities because colonial powers at the material time operated outside the ambit of law and civilised standards.

“But under the current democratic dispensation in Nigeria no state government has the power to remove a traditional ruler and subject him to banishment and detention without following due process.”

He, therefore, urged the Kano State Government “to 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.”

On his part, Awomolo urged the Attorney -General of the state to “properly guide the governor” to the effect that the former Emir could not be banished without a court order.

Awomolo said, “I will appeal to the honourable Attorney general of Kano State to guide the governor, properly on five constitutional issues”, including the fact that “the constitutional and executive territorial jurisdiction of the governor is limited to Kano State.

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