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Deposed Kano Emir, Ado Bayero’s lawyers withdraw from Emirates tussle suit

thestreetjournal.org 2 days ago

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Abdul Muhammed SAN and other lawyers representing the deposed 15th Emir of Kano, Aminu Ado-Bayero, have withdrawn from the ongoing legal dispute over the Kano emirship at the State High Court.

The plaintiffs in the case are the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly.

Their counsel, Ibrahim Isah-Wangida, submitted an ex parte motion on May 27.

They are requesting that the court prevent Ado-Bayero and four other deposed emirs of Bichi, Rano, Gaya, and Karaye from presenting themselves as emirs.

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

When the case was heard, Ado-Bayero’s counsel, 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 requested that the court halt the proceedings until the appeal court hears and decides on the motion.

“We were served with the court processes this morning by the applicants,” he said.

He sought an adjournment to enable them to respond, but the court refused to grant his prayers.

“My Lord, myself, and other counsel representing the first respondent apply for the withdrawal of our legal services and appearances,” he said.

Hassan Tanko-Kyaure, the counsel for the third, fourth, and fifth respondents, presented his application for an extension of time dated July 2 and submitted a counter-affidavit in response to the originating motion.

He requested the court to nullify the Kano State Emirates Council (Repeal) Law 2024, arguing that proper procedures were not followed.

Tanko-Kyaure also asked the court to dismiss the applicant’s request and impose a cost of N1 billion.

Counsel for the Inspector-General of Police, Sunday Ekwe, informed the court that he had no submissions to make and left the decision to the court’s discretion.

In response, counsel for the applicant, Eyitayo Fatogun, urged the court to disregard the respondent’s affidavit of facts, citing Order 39, Rules 1 and 2 of the court.

He said, “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 applications of the third, fourth, and fifth respondents regarding the Kano Emirate Repeal Law, arguing that the issue was not currently before the court.

Earlier, in her ruling, Justice Amina Adamu-Aliyu denied the respondent’s application for a stay of proceedings.

“The respondent did not disclose any special fact to warrant any stay of proceedings,” Adamu-Aliyu said.

The judge adjourned the case to July 18 to rule on various applications, including an extension of time, a notice of preliminary objection, setting aside an ex parte order, a joinder application, and a motion for the judge to recuse herself, among others.

On May 27, the court issued an interim injunction preventing the first, second, third, fourth, and fifth respondents, as well as their agents and associates, from presenting themselves as Emirs to maintain peace in Kano.

On May 23, the Kano State House of Assembly dissolved all four newly created Emirate councils in the state, and Governor Abba Kabir-Yusuf reappointed Lamido Sanusi as the Emir of Kano.

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