The legal team representing the 15th Emir of Kano, Aminu Ado Bayero, has withdrawn their services from the ongoing legal dispute at the State High Court concerning the Kano emirate.
The team’s action is in response to the decision of the court declining the team’s stay of proceedings in the case.
LEADERSHIP reports the applicants in the case are the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly.
The applicants filed a motion ex parte on May 27, seeking to restrain Ado Bayero and four other dethroned emirs; Alhaji Nasiru Ado-Bayero of Bichi, Dr. Ibrahim Abubakar II of Karaye, Alhaji Kabiru Muhammad Inuwa of Rano, and Alhaji Aliyu Ibrahim Gaya of Gaya from parading themselves as emirs.
The respondents include the aforementioned emirs and the Inspector General of Police, Director of the State Security Service, Nigeria Security and Civil Defence Corps, and the Nigeria Army.
During the court proceeding on Thursday, the counsel representing the first respondent, Abdul Muhammed, SAN, highlighted the filing of an affidavit of facts, a motion of appeal, and a notice of stay of proceedings in the court registry.
He argued that it is the standard practice for a trial court to suspend hearings when notified of an application in a higher court through an affidavit of facts.
However, his request for an adjournment to address the recently served court processes was denied.
Expressing his discontent with the court’s refusal, Muhammed announced his withdrawal from the case.
Barrister Sanusi Musa, SAN, also declared, on behalf of himself and the other counsels for the first respondent, their withdrawal from the case.
Meanwhile, Hassan Tanko Kyaure, representing the third, fourth, and fifth respondents, requested the court to nullify the Kano State emirates council repealed law, arguing that due process was not followed.
He also filed an application for an extension of time and a counter affidavit in response to the originating motion, urging the court to dismiss the application with a cost of N1 billion.
Counsel for the sixth respondent, Sunday Ekwe, stated that they had no presentation, leaving the court to decide.
On the applicant’s side, Eyitayo Fatogun urged the court to disregard the motion of affidavit of facts, arguing that it was merely a tactic to delay proceedings.
Fatogun emphasised that the affidavit was related to a proposed notice of appeal, not an actual notice of appeal, which does not automatically stay proceedings.
Despite the arguments presented, Justice Amina Adamu Aliyu refused to grant the stay of proceedings, noting that the affidavit did not meet the court’s requirements and lacked special facts to justify a stay.
She then adjourned the case to July 18 to rule on various applications, including extensions of time, preliminary objections, and motions for the judge’s recusal.
LEADERSHIP reports that Justice Aliyu also ordered lawyers involved in the ongoing emirates dispute to refrain from granting media interviews before and after ruling on the pending appeal on stay of proceedings filed by the first respondent.
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