In the ongoing legal battle concerning the Kano emirate, the legal representatives of the 15th Emir of Kano, Aminu Ado Bayero, have withdrawn their services from the case before the Kano State High Court.
This move comes in response to the court’s refusal to grant a stay of proceedings, leading to dissatisfaction among the legal team.
During a recent hearing, Abdul Muhammed, SAN, counsel to the first respondent, expressed concerns regarding the trial’s progression despite an existing motion of appeal and notice of stay of proceedings at a higher court.
“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 affidavit of facts,” Muhammed explained to the court.
Despite his plea for an adjournment to allow adequate time for response to the court processes served that Thursday morning, the court denied this request.
Consequently, Muhammed and another senior member of the team, Barrister Sanusi Musa, SAN, announced their withdrawal from representing the first respondent in the ongoing legal dispute.
The session saw varied submissions from other parties involved. Hassan Tanko Kyaure, representing the third, fourth, and fifth respondents, filed for an extension of time and urged the court to set aside the Kano State Emirates Council repealed the law, citing procedural flaws, and demanded dismissal of the application with a cost of N1 billion.
Conversely, counsel to the sixth respondent, Sunday Ekwe, left the matter to the discretion of the court without further presentations.
The counsel for the applicant, Eyitayo Fatogun, argued against the motion of affidavit of facts, claiming it aimed merely to delay proceedings.
He emphasized that the business of the day was to hear all pending applications, urging the court to dismiss the application concerning the repealed law as it was not pertinent to the current proceedings.
Justice Amina Adamu Aliyu presided over the session and refused the application for the stay of proceedings, citing that “the affidavit is unknown to the rules of Court,” and the respondent did not disclose any special facts to warrant a stay.
She has adjourned the case to July 18 to rule on various applications, including the extension of time, notice of preliminary objection, and others.
The legal battle involves a motion exparte filed by the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly, seeking to restrain Ado Bayero and four other dethroned emirs from parading themselves as emirs.
This high-profile case has attracted considerable attention due to its implications for the traditional leadership structure in Kano.
The respondents are Alhaji Aminu Ado Bayero, Alhaji Nasiru Ado-Bayero Bichi emir, Dr Ibrahim Abubakar ll, emir of Karaye, Alhaji Kabiru Muhammad Inuwa, emir of Rano and Alhaji Aliyu Ibrahim Gaya, emir of Gaya.
Others are Inspector General of Police, Director State Security Service, Nigeria Security and Civil Defence Corps and Nigeria Army. Ibrahim, Kano.
The applicants are the Attorney General of Kano State, Speaker Kano State House of Assembly and Kano State House of Assembly.