In a new development, lawyers representing Aminu Ado Bayero, the 15th Emir of Kano, have withdrawn from the ongoing Kano emirate tussle at the Kano State High Court.
At Thursday’s court session, Abdul Muhammed, counsel to the first respondent, presented an affidavit of fact dated July 3. This affidavit was accompanied by a notice of appeal and a motion for a stay of proceedings.
Muhammed urged the court to pause proceedings until the appeal court could hear and determine the motion.
“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,” Muhammed asserted. “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 also disclosed that the court processes had been served to them on Thursday morning. Seeking more time to respond, Muhammed’s request for an adjournment was denied by the court.
Consequently, he announced his withdrawal from the case.
Sanusi Musa, another lawyer from the team, echoed Muhammed’s sentiments, stating, “Myself and other counsels apply for the withdrawal of our representation and appearances.”
In response, Hassan Kyaure, counsel to the third, fourth, and fifth respondents, informed the court that he had filed an application for an extension of time along with a counter affidavit in response to the originating motion.
Kyaure requested the court to nullify the Kano State Emirate Council repeal law, arguing that due process was not followed, and sought a fine of N1 billion against the plaintiffs.
Meanwhile, Sunday Ekwe, counsel to the sixth respondent, stated that he had no presentations to make.
Eyitayo Fatogun, counsel to the applicant, argued against the respondent’s affidavit of facts. Citing order 39, rules 1 and 2 of the court, he claimed, “The motion refers to a proposed notice of appeal not a notice of appeal. 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.”
Fatogun urged the court to dismiss the third, fourth, and fifth respondents’ applications concerning the Kano Emirate Repeal Law, stating that the issue was not before the court.
Presiding judge Amina Adamu-Aliyu refused the application for a stay of proceedings, stating, “The respondent did not disclose any special fact to warrant any stay of proceedings.”
The judge then adjourned the case until July 18, when she is expected to rule on the various pending applications, including extensions of time, a notice of preliminary objection, setting aside an ex parte order, a joinder application, and a motion for her recusal.
The applicants in the case are the attorney-general of Kano, the speaker, and the Kano House of Assembly. The respondents include Aminu Bayero, Nasiru Ado Bayero, Ibrahim Abubakar II, Kabiru Muhammad Inuwa, Aliyu Ibrahim Gaya, the inspector-general of police (IGP), the director of the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps (NSCDC), and the Nigerian Army.
In May, the court had restrained Aminu Bayero from parading himself as the Emir of Kano pending the suit’s determination. It also directed the police to take over the Nassarawa palace, where Bayero has been residing since his return to Kano following his dethronement.
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