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It didn’t come to me as a surprise in the least that, the recent abrogation and amendments of the Kano Emirate law was challenged in the court by some persons aggrieved by the action of the Kano State House of Assembly and the subsequent assent to the Law by the Governor of Kano State. It is only to be expected given the enormous controversies raised by the Law and the political under currents behind it, which is the subject of this post. It has never been a secret that the amendment of the Law by the former Kano State House of Assembly was based on and driven by political consideration of the All Progressives Congress(APC) government in the State under Abdullahi Umar Ganduje. Since the amendment was a Law validly made by the then State House of Assembly, it had to be implemented and effect was given to it. That’s the position and the State of Law at the time

After the 2023 General elections, the APC government of Kano State was defeated and dethroned from power. The State was won by the New Nigeria People’s Party, NNPP and Abba Kabir Yusuf succeeded Ganduje as Governor. The House of Assembly was also dominated by Members from the NNPP and this completely changed the dynamics of political power in Kano State. The success of the NNPP in both the Governorship and State House of Assembly elections, has given the Abba Kabir government control over both the Instruments of Executive and Legislative power in Kano State.

The NNPP government of Abba Kabir Yusuf made it a cardinal issue of its campaign that the law which “balkanised” the Kano Emirate was unjust and the NNPP promised to “undo” the injustice if it won the election. As it turned out, the NNPP won the election and secured an overwhelming majority of the seats in the House of commons. This set the ground and provides the background to the amendment just effected by the Kano State House of commons to the Emirate Council law passed by its predecessor.

It must be stated and appreciated that under the 1999 Constitution of the Federal Republic of Nigeria (as amended) the State House of Assembly is empowered to make new laws, and to abrogate or amend existing laws, in the interest of peace, order and good governance of the State. Therefore the right of the past and present Houses of Assembly over the process of law making is settled beyond any dispute or contestation. It’s simply beyond any doubt or argument. It is also futile in law to argue at this stage, that the former Kano State House of Assembly did not have the power to amend the Emirate Law or for the Executive Governor to take other or further political and additional actions pursuant to the amendment and to give effect to the law as amended. That was the situation before the 2023 election when the APC was in control of the Executive and Legislative arms of government in Kano State. But the dynamics of Kano State politics changed drastically and drastically after the election. The APC lost the election to the NNPP and totally new political order emerged on the political landscape of Kano State.

As earlier stated in the post, it was an important part of the campaign promises of the NNPP to reverse the Kano State Emirate amendment law passed and implemented by the former APC government in the State and immediately after assuming office as Governor, Abba did not mince words in reiterating his resolve to deliver on this aspect of his party’s campaign promises. It is pertinent and worthy of note that both the Governor and Kwankwaso his mentor and leader spared no opportunity on every political platform to repeat their determination to repeal the law and return the Emirate situation to the status quo before the amendment by the former House of Assembly. Therefore, when the NNPP dominated House of Assembly yesterday concluded the processes of the abrogation and amendment of the Emirate Council Law and Governor Kabir Yusuf gave it an expeditious assent, it didn’t come as a surprise to the observers of political developments in Kano State.

With both actions completed or done and dusted by the the two organs of the Government entitled to exercise the powers conferred on them by the Constitution and the Law, the Kano State Emirate Council Law as amended, may be said to be validly, legally and constitutionally passed and assented to by the Governor. Any person aggrieved by the passage of the new law, can only challenge the processes and procedures adopted by the House of Assembly and the governor in making the amendments and the steps taken in the implementation of the law as amended but not the power of the House of Assembly to make the Law, or of the Governor to assent to it and give effect to it through implementation. That’s the legal position as I understand it.
But the big elephant in the room and the core subject is not the Law per se but the politics of the law.

It’s pertinent to observe that in both the former and the present amendment of the Emirate Council law, the purpose or interest of the law is not the prime consideration. The main objective of the Ganduje amendment was to score a Political gain and make political capital of the law and he did. However, with the defeat of the APC by the NNPP in the State elections, the table turned and so did the dynamics and mechanics of Kano State politics

The success of the NNPP at the polls has presented Abba Kabir Yusuf the power and opportunity to reverse the Ganduje amendment of the Law and institute his own amendment, which swept away the Legislative and political gains scored by the APC government on the issue. The sad part of all these, is that the Law was used as an instrument of political vendetta to settle scores on both sides. The Law became a victim instead of a catalyst of political reforms and social development in Kano State. This lends credence to my thesis as expressed in many posts, that under our democracy, politics is more powerful than the law and when the two conflict, the law comes out the weaker.

Yusuf Shehu Usman, mni (Abuja)