Jonathan Nwokpor
In the ongoing dispute over the Kano emirship, Mr. Abdul Muhammed and additional legal representation for Aminu Ado-Bayero, the 15th Emir of Kano, have withdrew from the State High Court.
Through their attorney Ibrahim Isah-Wangida, the applicants in this case—the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly—filed a motion ex parte on May 27 asking the court to stop Aminu Ado-Bayero and the other four dethroned emirs of Bichi, Rano, Gaya, and Karaye from posing as emirs.
Alhaji Aminu Ado-Bayero, Dr. Ibrahim Abubakar II, Emir of Karaye, Alhaji Kabiru Muhammad-Inuwa, Emir of Rano, Alhaji Nasiru Ado-Bayero, Emir of Bichi, and Alhaji Aliyu Ibrahim-Gaya, Emir of Gaya are the respondents.
The Nigerian Army, the Nigeria Security and Civil Defence Corps, the Director of the State Security Service, and the Inspector General of Police are the others.
Ado-Bayero’s attorney, Muhammad, told the court during the case’s hearing that he had an affidavit of fact dated July 3 that was attached to a notice of appeal and a move to halt the proceedings.
He asked the court to put the case on hold until the appeals court heard and decided the motion.
“My Lord, we were served with the court processes this morning by the applicants,” he said.
He begged the court for an adjournment so they could answer, but it was denied.
“My Lord, myself and other counsels representing the first respondent apply for the withdrawal of our legal services and appearances,” he said.
Hassan Tanko-Kyaure, the counsel for the third, fourth, and fifth respondents, moved a counter-affidavit in response to the initial motion and an application for a time extension dated July 2.
He said that due procedure was not followed and sought the court to throw aside the Kano State Emirates Council (Repeal) Law 2024.
Additionally, Tanko-Kyaure requested the court to reject the applicant’s N1 billion application.
Mr. Sunday Ekwe, the Inspector-General of Police’s counsel, informed the court that they had nothing to provide and that the court would make the final decision on everything.
In response, Mr. Eyitayo Fatogun, representing the applicant, sought the court to disregard the respondent’s statement of facts in accordance with Order 39 Rules 1 and 2 of the Court.
“The motion refers to a proposed notice of appeal, not a notice of appeal. It shows that the affidavit of facts is just to delay the proceedings. My Lord, the business of today is the hearing of all pending applications.”
On the Kano Emirate Repeal Law, Fatogun urged the court to reject the motions of the third, fourth, and fifth respondents since the matter is not before the court.
Judge Amina Adamu-Aliyu had earlier denied the respondent’s request for a stay of proceedings during her ruling.
Adamu-Aliyu stated, “The respondent did not disclose any special fact to warrant any stay of proceedings.”
In order to make a decision on several applications, including those for a joinder application, an extension of time, a notice of preliminary objection, the setting aside of an ex parte ruling, and the judge’s recusal, the judge postponed the matter until July 18.
In the interest of maintaining peace in Kano, the court on May 27 issued an order of temporary injunction prohibiting the first, second, third, fourth, and fifth respondents—as well as their servants and privies—from portraying themselves as emirs.
The Kano State House of Assembly abolished the four recently established emirate councils on May 23. Lamido Sanusi was reappointed by Governor Abba Kabir-Yusuf as the Emir of Kano.
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