Sanusi: You can’t banish a citizen without court order – CUPP

The Coalition of United Political Parties (CUPP) has described it as unlawful to banish a citizen of Nigeria without a lawful order of court.

The Nigerian opposition coalition said it received with shock, the news of the ‘illegal and arbitrary dethronement and purported banishment of the Emir of Kano Muhammad Sanusi II by the APC led Government of Umar Abdullahi Ganduje’.

The statement read in part: “We wish to state that the dethronement and banishment which had the tacit support of the APC led Federal Government was barbaric, illegal, unconstitutional and a grave assault against our constitutional democracy and the fundamental rights guaranteed under Sections 34, 35, 36, 38, 39, 40, 41, and 43 of the 1999 Constitution as amended and a bold move to desecrate an ancient revered traditional institution.”

In a press conference, the CUPP spokesman, Ikenga Imo Ugochinyere stressed that the deposed Emir was not given fair hearing, an action he said renders the action of the Kano State Executive Council illegal, arbitrary, unconstitutional, null and void.

Ikenga said: “The banishment is a barbaric and mundane assault on Emir Sanusi’s human right as a Nigerian citizen provided under Sections 34, 35, 36, 38, 39, 40, 41, and 43 of the 1999 Constitution as amended. His right to dignity of the human person, right to personal liberty, right to fair hearing, right to freedom of thought and conscience, right to freedom of expression, right to peaceful assembly and association, right to freedom of movement and right to own immovable property anywhere in Nigeria were all flagrantly violated by the Kano State Government and cannot be condoned in a democracy. Such nonsensical act of banishment is autocratic, dictatorial and in direct conflict with the constitution and must be resisted.”

CUPP maintains that no Governor or President has right to banish a Nigerian citizen or forcefully move him to any location in violation of right of movement, right to life and a multitude of other rights except by an order of court.

He added: “As opposition we do not dabble into traditional issues but when Government actions tend to assault our laws and intimidate citizens for speaking out, we must at all times rise to say no.

“The ancient punishment of banishment and deportation 
cannot stand in a democracy. This much has been held by the Court of 
Appeal in the locus Classicus case of Government of Kebbi State vs. HRH Mustapha Jokolo(2013) LPER where the Appellate court condemned and declared that banishment and deportation of a deposed king is unconstitutional.

“Is the Kano State Government above the law that it cannot obey the
Courts of the land? In that case Per ADUMEIN, J.C.A. (Pp. 72-73, paras. E-D) the Court of Appeal held that:
“The Governor of Kebbi State has no right to act outside the clear and 
unambiguous provisions of the Constitution of the Federal Republic of 
Nigeria, 1999 (applicable to this case). Section 35 (1) of the said 
Constitution provides that every citizen of Nigeria is “entitled to his 
personal liberty and no person shall be deprived of such liberty” except 
in the circumstances set out in subsections (a) to (f) thereof. Section 
40 of the same Constitution provides that “every person is entitled to 
assemble freely and associate with other persons”. On the issue at hand,
Section 41(1) of the Constitution is germane and it provides thus: “41 – 
(1) Every citizen of Nigeria is entitled to move freely throughout 
Nigeria and to reside in any part thereof, and no citizen of Nigeria 
shall be expelled from Nigeria or refused entry thereto or exit 
therefrom. (2) Nothing in subsection (1) of this section shall 
invalidate any law that is reasonably justifiable in a democratic 
society – (a) imposing restrictions on the residence or movement of any 
person who has committed or is reasonable suspected to have committed a criminal offence in order to prevent him from leaving Nigeria; or (b) 
providing for the removal of any person from Nigeria to any other 
country to – (i) be tried outside Nigeria for any criminal offence, or 
(ii) undergo imprisonment outside Nigeria in execution of the sentence 
of a court of law in respect of a criminal offence of which he has been 
found guilty: Provided that there is reciprocal agreement between 
Nigerian and such other country in relation to such matter.
The appellant has not been able to show that the banishment of the 1st 
respondent from Gwandu Emirate in Kebbi State and his deportation to Obi in Nasarawa State were in accordance with the clear provisions of 
Section 41 of the Constitution of the Federal Republic of Nigeria, 1999. 
The banishment and deportation from Kebbi State by the Governor of Kebbi State, on or about the 3rd of June, 2005 of the 1st respondent to Lafia in Nasarawa State and later to Obi, also in Nasarawa State, is most unconstitutional, and illegal. By the said banishment and deportation, the 1st respondent has been, unduly and wrongfully denied his constitutional rights “to respect for the dignity of his person”; “to 
assemble freely and associate other persons” – including the people of 
Gwandu Emirate of Kebbi State; and to “move freely throughout Nigeria 
and to reside in any part thereof” as respectively provided in the 
Constitution of the Federal Republic of Nigeria, 1999.”

Ikenga alleged that a man who was caught on video stuffing Dollars in his pocket, supported by the Buhari APC to manipulate his way to power despite public rejection, shamelessly sat as a moral judge both as accuser and judge and passed sentence of dethronement and banishment on the peoples Emir who despite not a perfect man but is a shining light and hope for the future.