The legal team representing the 15th Emir of Kano, Alhaji Aminu Ado Bayero, in the current dispute over the Kano emirate has withdrawn their services from the ongoing case at the State High Court.
The legal representatives are taking this action to express their dissatisfaction with the Court’s earlier decision not to grant a stay of proceedings in the case.
When the case was brought up for hearing, Abdul Muhammed, SAN, representing the first respondent, informed the court that there is an affidavit of facts, along with 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 dependency in the lower court must be in an affidavit of facts. It is expected that a trial court should stop the hearing on the matter pending the hearing and determination of the motion on notice.”
Muhammed urged the court to stay the proceedings pending the hearing and determination of the motion on notice.
He told the court that they were served with the court processes on Thursday morning.
He sought an adjournment that would enable them to respond, but the court refused his prayers.
He, therefore, announced his withdrawal of service from the case.
Also, a member of the team, Barrister Sanusi Musa, SAN, announced on behalf of the other counsels for the first respondent their withdrawal from the case.
He told the court, “Myself and other counsels apply for the withdrawal of our representation and appearances.”
On their part, counsel to the third, fourth, and fifth respondents, Hassan Tanko Kyaure, told the court that they have 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Kyaure urged the court to set aside the Kano State emirates council repealed law as due process was not followed and urged the court to dismiss the application with the cost of N1 billion.
Counsel to the sixth respondent, Sunday Ekwe, told the court that they have nothing to present so they left everything to the discretion of the Court.
Counsel to the applicant, Eyitayo Fatogun, urged the court to discountenance 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 a notice of appeal. The filing of a notice of appeal does not guarantee the stay of proceedings. It shows that the affidavit of facts is just to delay the proceedings. My lord, the business of today is for the hearing of all pending applications.”
He urged the court to dismiss the third, fourth, and fifth respondents’ application on the issue of the repealed law because the issue is not before the Court.
Earlier in her ruling, the Judge, Justice Amina Adamu Aliyu, refused to grant the application for the stay of proceedings.
“The affidavit is unknown to the rules of Court. The respondent did not disclose any special fact to warrant any stay of proceedings.”
She, therefore, adjourned the case to July 18 to rule on the applications of 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 summon.
The applicants are the Attorney General of Kano State, Speaker Kano State House of Assembly, and Kano State House of Assembly, through their counsel Ibrahim Isah Wangida Esq, who filed a motion ex parte dated May 27.
The applicants are seeking the court 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, Bichi emir, Dr. Ibrahim Abubakar II, emir of Karaye, Alhaji Kabiru Muhammad Inuwa, emir of Rano, and Alhaji Aliyu Ibrahim Gaya, emir of Gaya.
Others are the Inspector General of Police, Director State Security Service, Nigeria Security and Civil Defence Corps, and Nigeria Army.
