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Legal Counsel Withdraws from Kano Emirship Tussle

ONUAH YVONNE by ONUAH YVONNE
July 5, 2024
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In a significant development in the ongoing Kano emirship dispute, Mr. Abdul Muhammed and other legal counsel representing the 15th Emir of Kano, Aminu Ado-Bayero, have withdrawn their services before the Kano State High Court.

The dispute involves the Attorney General of Kano State, the Speaker of 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. They sought a court order to restrain Aminu Ado-Bayero and four other dethroned emirs of Bichi, Rano, Gaya, and Karaye from parading themselves as emirs.

The respondents in the case 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), along with the Inspector General of Police, Director of State Security Service, Nigeria Security and Civil Defence Corps, and the Nigerian Army.

During the hearing, Muhammed informed the court that he had an affidavit of fact dated July 3, along with a notice of appeal and a motion to stay proceedings. He urged the court to halt proceedings pending the hearing and determination of the motion at the appeal court. However, the court refused his request for an adjournment to respond to the court processes served that morning by the applicants.

Consequently, Muhammed and his team applied for the withdrawal of their legal services and appearances, which the court accepted.

Counsel to the 3rd, 4th, and 5th respondents, Hassan Tanko-Kyaure, moved an application for an extension of time dated July 2 and a counter-affidavit in response to the originating motion. He urged the court to set aside the Kano State Emirates Council (Repeal) Law 2024, arguing that due process was not followed and to dismiss the applicants’ motion at a cost of N1 billion.

Mr. Sunday Ekwe, counsel to the Inspector-General of Police, stated that he had nothing to present and left the matter to the court’s discretion.

Mr. Eyitayo Fatogun, counsel to the applicants, urged the court to disregard the respondent’s affidavit of facts under Order 39 Rules 1 and 2 of the Court, arguing that the affidavit was intended to delay proceedings. He requested the court dismiss the third, fourth, and fifth respondents’ applications regarding the Kano Emirate Repeal Law, as the issue was not before the court.

In her ruling, Justice Amina Adamu-Aliyu refused the application for a stay of proceedings filed by the respondents, stating that no special facts warranted a stay. She adjourned the matter until July 18 to rule on various pending applications, including an extension of time, notice of preliminary objection, setting aside an ex parte order, and a judge recusal request.

On May 27, the court had granted an interim injunction restraining the first five respondents and their associates from parading themselves as emirs in the interest of peace in Kano. This followed the Kano State House of Assembly’s dissolution of the state’s four newly created emirate councils on May 23, with Governor Abba Kabir-Yusuf reappointing Lamido Sanusi as the Emir of Kano.

Tags: KANO STATE
ONUAH YVONNE

ONUAH YVONNE

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