by Achadu Gabriel, Kaduna
“The ruling by the Federal High Court (FHC), Kano, did not solve 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 view and expert opinion expressed by a Legal Practitioner, Arbitrators and Consultants, Barrister Shafi’u Balarabe Yakubu of S.B. Yakubu & Partners.
With Premier Bar, Expert|Specialist in the Art and Management of Conflict and CoCustodian of Peace Settlement, Barr. Yakubu made the assertions in a statement 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 differentiates ‘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 ambiguous, the literal or the golden interpretations shall be implored to demystify the ambiguity,” S.B. Yakubu, Esq., Mcpss, ACArb stated.
“The Validity of the Kano State Emirate Council (Repeal) Law, 2024 only affects 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 (The contents and the provisions of the Repealed Law, 2024 is what constitute the process),” he noted.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 “Nobody 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 the 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.