By Achadu Gabriel, Kaduna
The ruling by the Federal High Court (FHC), Kano, did not solved the Kano Emirates Crisis, rather
it has thrown many into confusion by subjecting all the aggrieved parties to suspicion, assumptions, presumptions and speculative interpretations of the ruling.
This is the views and expert opinion expressed by a Legal Practitioners, Arbitrators lawyer and Consultants, Barrister Shafi’u Balarabe Yakubu of S.B Yakubu & partners.
Barr. Yakubu who is with Premier Bar, Expert|Specialist in the Art and Management of Conflict and CoCustodian of Peace Settlement, made the disclosure in a statements entitled: “Post–mortem dissection of the FHC ruling on Kano emirate council (repeal) law 2024: interpretation, reflection and implications”.
“A Responsa Prudentium”, Barr. Yakubu, in the release made available penultimate Wednesday in Kaduna, stated that the FHC ruling is a double edge pronouncement of a sort, arguing that Judicial pronouncements which includes orders, ruling and judgments are meant to clear doubts and ambiguity.
“Rather than clear doubt and ambiguity, FHC Ruling became Ambitious, Ambivalent and ambulatory. The FHC Ruling is devoid of “Ratio Decidendi” and “Stare Decisis”.
“The FHC Ruling did not draw the tin-line that differentiate “status quo Ante” and “Restitutio in integrum” in relation to the validity of the (Repeal) Kano State Emirate Council Law, 2024.
“Where a pronouncement or statement (s) is ambigious,
the literal or the golden interpretations shall be implored
to demystify the ambiguity”.S.B Yakubu, Esq, Mcpss, ACArb.
“The Validity of the Kano State Emirate Council (Repeal) Law, 2024 only affect the Title of the Law (Citation) and probably the short title of the Law. While the entire process of how an Emir was dethroned and how someone was re-instated or appointed under the Kano State Emirate Council (Repeal) Law, 2024 was annulled and set-aside. (The contents
and the provisions of the Repealed Law, 2024 is what constitute the
process)”, he noted.
According to him, “This means only the Kano State Emirate Council (Repeal) Law, 2024 was validated. But the contents and the provisions including the preamble of the same law was clearly, glaringly and visibly annulled and set aside by the FHC ruling on the 20th June, 2024”.
“Then, it is now settled that the Kano State Emirate Council remains intact as it is, as at and prior to enactment of the Kano State Emirate Council (Repeal) Law, 2024.
“The Implications is that “No Emir was Dethroned” under the Kano
State Emirate Council (Repeal) Law, 2024 And “No body was re-instated or appointed” under the same Kano State Emirate Council (Repeal) Law, 2024.
“Another Implication of FHC Ruling is that it rendered the Kano State
Emirate Council (Repeal) Law, 2024 Blank in contents and provisions.
“The Validity of the Repeal Law, 2024 is only limited to the Title and
Citation of the law and visibly declared and rendered the contents and the provisions of the Repealed Law 2024, Invalid (NULL AND
VOID), the contents and the provision of the Repealed Law, 2024 being annulled and set- aside.
“A repealed Law with validity in title and citation only. Blank in
contents and provisions (A law without contents and provisions?)
We are not he slaves or words rather their Masters.
“We sit here to give them their ordinary and natural meaning in the Contexts in which we find them”, quoting “Per. Lord Alfred Thompson Denning, M.R (with all reverence)”, he added.
