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Posted by Lawal Munirst on July 5, 2024 0
Mr Abdul Muhammed, alongside other legal representatives of Aminu Ado-Bayero, the 15th Emir of Kano, has withdrawn their legal services amid the ongoing Kano emirship tussle at the State High Court.
The dispute involves the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly, who, through their counsel Ibrahim Isah-Wangida, filed a motion ex parte on May 27. The motion seeks to restrain Aminu Ado-Bayero and four other dethroned emirs—of Bichi, Rano, Gaya, and Karaye—from parading themselves as emirs.
The respondents 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. Additionally, the Inspector General of Police, Director of State Security Service, Nigeria Security and Civil Defence Corps, and the Nigerian Army are also involved.
During the latest hearing, Muhammed informed the court of an affidavit of fact dated July 3, accompanied by a notice of appeal and a motion to stay proceedings. He requested the court to pause proceedings pending the appeal court’s decision.
“We were served with the court processes this morning by the applicants,” he stated, seeking an adjournment to prepare a response. However, the court denied his request.
Subsequently, Muhammed and his colleagues representing the first respondent formally withdrew their legal services and appearances.
Hassan Tanko-Kyaure, representing the 3rd, 4th, and 5th respondents, filed an application for an extension of time and a counter-affidavit dated July 2, challenging the originating motion. He urged the court to annul the Kano State Emirates Council (Repeal) Law 2024, arguing that it lacked due process and sought N1 billion in costs.
Counsel for the Inspector-General of Police, Mr. Sunday Ekwe, stated that they had nothing further to present, leaving the decision to the court’s discretion.
Mr. Eyitayo Fatogun, representing the applicants, urged the court to dismiss the respondents’ affidavit of facts as an attempt to delay proceedings, citing Order 39 Rules 1 and 2 of the Court.
“The motion refers to a proposed notice of appeal, not a notice of appeal,” Fatogun argued, asserting that today’s business was to address all pending applications.
Justice Amina Adamu-Aliyu denied the application for a stay of proceedings, citing insufficient special facts to justify the request. She adjourned the matter until July 18 to rule on various pending applications, including an extension of time, notice of preliminary objection, and a request for the judge to recuse herself.
Previously, on May 27, the court issued an interim injunction preventing the respondents from presenting themselves as emirs to maintain peace in Kano. On May 23, the Kano State House of Assembly dissolved the state’s four newly created emirate councils, and Governor Abba Kabir-Yusuf reappointed Lamido Sanusi as the Emir of Kano.
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