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Emirates Tussle: Ado Bayero’s Counsel Withdraws from Case |
Legal representatives of the 15th Emir of Kano, Alhaji Aminu Ado Bayero, have withdrawn their services in the ongoing Kano emirate tussle before the State High Court.
The withdrawal by the legal team is a response to the court's earlier ruling, which did not grant a stay of proceedings in the matter.
During the hearing, counsel to the first respondent, Abdul Muhammed, SAN, informed the court of an affidavit of fact, a motion of appeal, and a notice of stay of proceedings filed in the registry.
“When a judge of a high court is aware of an application in a higher court, the notification in the lower court must be in the form of an affidavit of facts. It is expected that the trial court should halt the hearing pending the determination of the motion on notice,” Muhammed stated.
He urged the court to stay the proceedings until the motion on notice is heard and determined.
Muhammed also mentioned that they were served with the court processes on Thursday morning and sought an adjournment to respond, but the court denied his request.
Consequently, he announced his withdrawal from the case.
Another member of the legal team, Barrister Sanusi Musa, SAN, also announced the withdrawal of their representation on behalf of the first respondent.
He stated, “Myself and other counsels apply for the withdrawal of our representation and appearances.”
Counsel to the third, fourth, and fifth respondents, Hassan Tanko Kyaure, informed the court that they had filed an application for an extension of time dated July 2 and a counter affidavit in response to the originating motion.
Kyaure urged the court to set aside the Kano State emirates council repealed law, arguing that due process was not followed, and requested the court to dismiss the application with a cost of N1 billion.
Counsel to the sixth respondent, Sunday Ekwe, stated that they had nothing to present and left everything to the court's discretion.
Counsel to the applicant, Eyitayo Fatogun, urged the court to disregard the motion of affidavit of facts pursuant to order 39 rule 1 and 2 of the court.
“The motion refers to a proposed notice of appeal, not an actual notice of appeal. The filing of a notice of appeal does not guarantee a stay of proceedings. It shows that the affidavit of facts is merely to delay the proceedings. My lord, the business of today is for the hearing of all pending applications,” Fatogun argued.
He requested the court to dismiss the third, fourth, and fifth respondents' application regarding the repealed law, as the issue was not before the court.
In her ruling, Justice Amina Adamu Aliyu refused to grant the application for a stay of proceedings.
“The affidavit is unknown to the rules of court. The respondent did not disclose any special fact to warrant a stay of proceedings,” she stated.
The judge adjourned the case to July 18 to rule on the applications for an extension of time, notice of preliminary objection, setting aside ex parte order, joinder application, examining deponent, application for the judge to recuse herself, and originating summons.
Daily Trust reports that 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 filed a motion ex parte dated May 27.
The applicants seek to restrain Ado Bayero and four other dethroned emirs of Bichi, Rano, Gaya, and Karaye from parading themselves as emirs.
The respondents are 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).
Other respondents include the Inspector General of Police, the Director of the State Security Service, the Nigeria Security and Civil Defence Corps, and the Nigerian Army.
