US embassy cable - 04ABUJA1441

UNCLAS ABUJA 001441 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM, PHUM, PGOV, NI 
SUBJECT: KANO KINGMAKER SUES TO OVERTURN FIRING, DRAGGING A 
TRADITIONAL INSTITUTION INTO COURT FOR THE FIRST TIME 
 
 
1.  Summary.  A member of the Kano kingmaking council, 
dismissed by the Emir of Kano, has challenged the Emir's 
decision in court.  The kingmaking council is a group of 
senior advisors to a traditional ruler, charged with 
selecting a new king after a death or retirement.  This is 
the first time a traditional institution has been taken to 
court and could signify a future trend.  At the very least, 
it is disturbing the historical equilibrium of the 
traditional structures.  End Summary. 
 
2.  Aminu Babba Dan-Agundi has gone into history as the 
first traditional ruler to challenge the decision of the 
Kano Emirate Council in a court of civil law.  He is 
challenging his dismissal as District Head of Gabasawa, and 
as Sarkin Dawaki Mai Tuta, one of the Kano Kingmakers. 
Apart from serving as senior advisers to the emir and 
members of the Emirate Council, kingmakers select a new emir 
whenever a vacancy exists.  The number and composition of 
kingmakers differ from one emirate to another, ranging 
between five and eight. 
 
3.  Dan-Agundi was first suspended, and then removed at the 
end of 2003 by the Emir of Kano.  Dan-Agundi subsequently 
sued the Emirate Council in January 2004, after last-minute 
reconciliatory moves by prominent Kano citizens failed to 
produce results.  The legal battle still continues at the 
Kano High Court, presided over by Justice Saka. 
 
4.  Dan-Agundi was removed as District Head of Gabasawa last 
year for "insubordination and high-handedness" against the 
Emir, Alhaji Ado Bayero, and the Emirate Council that he 
heads.  Bayero is one of the most respectable Muslim 
traditional rulers in Nigeria.  Recently, however, Bayero's 
influence and authority were challenged by his subjects for 
being too close to President Obasanjo and the ruling 
People's Democratic Party (PDP).  Bayero was booed at a 
public function last year by irate youths for paying a 
courtesy call on the President shortly after Obasanjo was 
declared the winner of the 2003 elections, which were marred 
by significant irregularities. 
 
5.  Dan-Agundi's action has serious implications for the 
future of the emirate system in Nigeria.  It is the first 
time a title-holder, who is expected to show absolute 
obedience and respect to the traditional establishment, has 
turn against the system.  By tradition, an emir cannot be 
challenged by his subjects, especially by someone that is 
directly related to the royal family.  If Dan-Agundi wins 
his case against the emir, the emirate council would be 
considered a corporate entity that can be sued like any 
other.  Also, the myths surrounding the throne--and 
especially the personality of Emir of Kano Ado Bayero, 
previously regarded as a towering spiritual and political 
leader within and outside Kano--would be punctured and 
demystified.  Clearly, the respect he had been commanding is 
waning. 
 
6.  The current legal battle would also encourage internal 
rebellion against the emirate system.  Title-holders who are 
not satisfied by the actions of their traditional leader in 
any emirate would be able to go to court. 
 
7.  Comment.  Making the traditional system subject to 
Nigeria's legal system will be a victory for the rule of law 
and constitutionality.  A situation in which the public has 
been unable to challenge arbitrary decisions of traditional 
rulers would no longer be accepted.   In Nigeria, where the 
personalities are stronger than the institutions, a legal 
victory against powerful elements like a serving emir would 
certainly open a door for ordinary citizens to challenge the 
actions of their leaders.  End Comment. 
 
CAMPBELL