DESTROYERS OF DEMOCRACY AND ENEMIES OF KANO
By Yusha’u Habib
Nigerians are aware that Kano people came out en masse and elected Governor Abba Kabir Yusuf in 2023 Gubernatorial Polls conducted in most states of the Federation. Yusuf won the election convincingly with over 1 million votes defeating the ruling APC under the New Nigerian Peoples Party (NNPP) which was brought to the fore of National politics just 8 months before the election by the former Governor Rabiu Musa Kwankwaso.
Regrettably since then, APC leaders in the State and its Government at the center having woefully lost the election at all levels engaged in subterranean moves to ensure that both the Government and people of Kano state have not benefit the dividend of democracy thereby are hell-bent in causing anarchy and discontentment in the State.
Nigeria is practicing constitutional democracy that is anchored by fundamental institutions such as multiple political parties, free fair and credible elections, rule of law, and separation of powers, etc. between arms and tiers of Government. Therefore any responsible Government must respect, nurture and protect these fundamental tenants as its prime responsibility and must be made sacrosanct.
The Kano state emirate crisis is a clear manifestation of the use of invisible hand to suffocate the rule of law and separation of powers as enshrined and devolved by the 1999 constitution as amended. In specific, the Nigerian constitution is unambiguous in the devolution of powers of the Federal, States and the Local Governments as well as the legislative competencies. The recent repealed of Kano Emirate council law 2024 by the State House of Assembly was in exercise of its constitutional responsibilities, as was the case when the law was enacted by Ganduje Administration in 2019.
For every discerning mind, it looks that the acts were in conformity with their legislative functions. Surprisingly however, when the Kano State House of Assembly passed the law on 23rd May, 2024 and assented by Gov. Yusuf, a disgruntled former Kano Emirate Kingmaker Aminu Babba Dan Agundi approached a Federal High Court seeking for the court to nullify the law and offered an experte order restraining the Assembly and the Governor from exercising their legitimate responsibilities. The interim order issued by the Federal High Court was not served to the policy actors of State Government as duly acknowledge by the presiding Judge during his ruling on 20th June, 2024 that the order was not officially served on them prior to the conclusion of their actions for the dethronement and the subsequent reinstatement of Emir Muhammadu Sanusi II.
Consequently, he averred that his ground for nullifying the actions of the State Government not the law is owing to the fact that the Governor must have receive the information of the order through social media means. This is quite disgusting and unheard-of that social media is now pronounced by the Judge to be an official means of legal service. While everybody knows that social media platform is the most distorted avenue of information and propaganda. It therefore means that the Judge is creating a new Jurisprudence without sighting precedents by superior Courts to justify such dubious claim. His claimed for perceived contempt on his Judgment is predicated on that ground.
What is perhaps more disheartening is the fact that when the dethronement was announced by the Governor as most of the other dethroned emirs were vacating their palaces based on the notice giving to them by the State Government, an invisible hand that is apparently abusing power and the rule of law brought back the Deposed Emir Aminu under heavy security consisting of the Army, Police, DSS, NSCDC via 2 charted air craft and trespassed a Government Quarters and lodge him there. This action is tantamount to a declaration of war and annexation of the State by the Federal Government on the State Government and the innocent citizens of the State using apparatus of the Federal Government coercive power. The lingering question is at whose instance was this heavy deployment of forces made and to serve whose interest.
Read Also:
This despicable act of undermining the rule of law and the authority of the State Government constitute a serious breach on the principles of separation of powers in Nigeria. The actions taken by the invisible hand (Federal Government?) and the Federal High Court have not only undermined the Nigerian constitution but have also said a dangerous precedent for the future of governance in the country. This is so apparent because of the manner of the swift incursion by the federal government with deployed Federal security agencies to protect the deposed Emir and prevent any further action by the State Government. This blatant interference in a State matter not only violate the principles of federalism but also disregard and bring to mockery the constitutional authority of the State Government to manage its internal affairs.
The usurpation of the powers of jurisdiction rightly belonging to the state high court by Justice Liman in a clear political matter that the APC led Federal Government has keen interest, undermine the independence of the judiciary and erodes the principle of separation of powers. In this context, the constitutional provision of Nigeria is being brazenly abuse and send a chilling message that political expediency under the president Tinubu led administration trumps the rule of law and the principle of democracy that he is supposed to uphold.
It is ironical when Kano State and its citizens are under the recent resurgence attacks by bandits (yan daba) butchering, killing and maiming innocent citizens especially in the metropolitan areas like Dorayi, Ja’en, Mandawari settlements almost on a daily basis without proper action by the security agencies in the State. More than half of the security personnel in the State are deployed to protect a dethroned Emir at the expense of providing security to innocent citizen. It is well known fact that security of lives and properties of Nigerians is the fundamental responsibility of the Federal Government, the dereliction of this fundamental responsibility by the Federal Government will undoubtedly allow the already precarious security challenges of the State to degenerate into a balloon state of chaos and anarchy. The Nigerian constitution clearly delineates the powers of the Federal and State Governments, and any attempt to subvert these powers undermines the foundation of our democracy and staggering federalism.
It is a point blank that the economic situation of Nigerians has never been as deplorable as under the Tinubu Administration. Inflation and rising cost of living has drag most Nigerians below the poverty line instead of the Federal Government should be focusing its attention on how to alleviate the economic crisis facing the country, it engages itself in rising the nation’s debt profile and depending unpopular deposed Emir with heavy police and military might.
Not too long ago, Nigerians may recall that President Tinubu at a time when he was just a National leader of the APC denied the second tenure of former Gov. Ambode, he cited that the then Governor shall never be allowed to participate in the primary election not to talk of contesting second tenure election on account of the fact that he was disloyal both to him and their political movement in Lagos State. He stood firmly on that ground despite being approached by the then President Muhammadu Buhari. He stubbornly held to that idea even when the Nigeria’s Governors forum interceded on Ambode’s behalf. President Muhammadu Buhari then in power never deployed or intimidated Mr. Tinubu by sending him security Agencies to compel him to drop that idea. It is therefore very surprising that Gov. Yusuf with all constitutional authority will now be intimidated to work with an Emir and policy that is clearly unpopular with teaming populace of the citizens of the State who have freely voted for him like President Tinubu who claim to derive his legitimacy equally from Nigerians as well. Similarly, in 1983 when the late Gov. Sabo Bakin Zuwo of the People’s Redemption Party (PRP) won the election and sacked the Emirates of Gaya, Rano, Dutse, and Auyo created by late Gov. Rimi, the NPN led Federal Government did not send heavy security establishment to Kano to prevent him from doing so despite the fact that Gov. Bakin Zuwa was from the opposition party. In fact, Bakin Zuwo announces the Emirs Deposition from his inaugural speech in October 1st without resorting to the then State Assembly who passed the law at first instance. And the heaven did not fall.
In conclusion, for Nigeria to move forward, it is essential that all stakeholders, including executive, legislative, and judicial branches of Government, must respect the constitutional framework and work together to uphold the rule of law and protect the integrity of our democratic institution. Failure to do so, will only lead to further erosion of our democratic values and the consolidation of authoritarian tendencies in our governance system.
Yusha’u Habib
A political and security analyst based in Jos, Plateau State.
