Justice Abdullahi Muhammad Liman of the Federal High Court in Kano has scheduled ruling on a motion filed by Aminu Babba Danagundi, the Sarkin Dawaki Babba challenging the legality of the Kano Emirates Council (Repeal) Law 2024 for June 20, 2024.
The motion, brought forward by Danagundi’s counsel, Chikaosolu Ojukwu (SAN), seeks a declaration that the law is null and void.
The legal battle intensified after the court dismissed an oral application for a stay of proceedings by Eyitayo Fatogun (SAN), representing the Kano State House of Assembly.
Fatogun had argued for an adjournment, citing dissatisfaction with the court’s jurisdictional ruling and indicating that an appeal had been filed at the Court of Appeal, along with a motion for a stay of proceedings. Counsel to the attorney-general of Kano State, A.G. Wakil, supported this position.
However, Ojukwu countered that the authorities cited by the defence were merely rules of court and not binding judicial decisions. Justice Liman pointed out that there was no formal stay of proceedings application before the court, noting the absence of a fixed date or evidence that the appeal had been entered.
During the session, when Danagundi’s counsel moved the motion for declaring the defendants’ conduct null and void, Fatogun requested to be recused from the matter, asking for an adjournment to allow his clients to find new representation. Justice Liman criticised this request as an abuse of the court process.
Opposing the plaintiff’s motion, A.G. Wakil argued that granting the motion would effectively decide the substantive case. Following this, Danagundi’s counsel withdrew his application to amend the originating motion dated June 31, 2024. The judge subsequently struck out the amendment and adjourned the case to June 20 for a ruling on the core motion.
The Kano State House of Assembly passed the Emirate Council repeal law on the 13th of May 2024.
The repeal, assented by Governor Abba Yusuf scrapped the four emirates created in 2019 by the Ganduje administration and was used to dethrone Emir Aminu Ado Bayero and effectively replaced him with Emir Muhammadu Sanusi II.
