Twist In Kano Emirate Tussle As Bayero’s Lawyers Pull Out
Legal representatives of Alhaji Aminu Ado Bayero, the 15th Emir of Kano, have withdrawn from the ongoing Kano emirate tussle case before the State High Court.
This decision was made in response to the court’s refusal to grant a stay of proceedings in the matter.
When the hearing began, Abdul Muhammed, SAN, counsel for the first respondent, informed the court of an affidavit of fact and a motion of appeal and notice of stay of proceedings filed in the registry. He argued that when a high court Judge is aware of an application in a higher court, proceedings in the lower court should be halted until the motion on notice is heard and determined.
Muhammed requested the court to stay the proceedings pending the hearing and determination of the motion on notice, noting that they had only been served with the court processes that morning. The court, however, refused his request for an adjournment, prompting him to announce his withdrawal from the case. Barrister Sanusi Musa, SAN, also withdrew on behalf of the other counsels for the first respondent.
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Hassan Tanko Kyaure, counsel for the third, fourth, and fifth respondents, told the court they had filed an application for an extension of time and a counter affidavit in response to the originating motion. He urged the court to set aside the Kano State emirates council repealed law, arguing that due process was not followed, and to dismiss the application with a cost of N1 billion.
Sunday Ekwe, counsel for the sixth respondent, stated they had nothing to present and left the decision to the court’s discretion. Eyitayo Fatogun, counsel for the applicant, argued against the motion of affidavit of facts, stating that filing a notice of appeal does not guarantee a stay of proceedings and urged the court to dismiss the third, fourth, and fifth respondents’ application concerning the repealed law, as it was not relevant to the case.
Justice Amina Adamu Aliyu refused to grant the stay of proceedings, stating that the affidavit was not in accordance with court rules and did not disclose any special facts to warrant a stay. She adjourned the case to July 18 for rulings on various applications, including extension of time, notice of preliminary objection, setting aside an exparte order, joinder application, examining deponent, application for the judge to recuse herself, and the originating summons.
The applicants, represented by Ibrahim Isah Wangida Esq, include the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly. They seek to restrain Ado Bayero and four other dethroned emirs—of Bichi, Rano, Gaya, and Karaye—from parading themselves as emirs. Respondents in the case include Alhaji Aminu Ado Bayero, Alhaji Nasiru Ado-Bayero (Emir of Bichi), Dr. Ibrahim Abubakar II (Emir of Karaye), Alhaji Kabiru Muhammad Inuwa (Emir of Rano), and Alhaji Aliyu Ibrahim Gaya (Emir of Gaya), as well as the Inspector General of Police, Director of State Security Service, Nigeria Security and Civil Defence Corps, and the Nigeria Army.
