Legal representatives of the 15th Emir of Kano, Alhaji Aminu Ado Bayero, in the ongoing Kano emirate tussle have withdrawn their services in the case before the State High Court.
According to daily trust, the action by the legal representatives is to show their dissatisfaction on a ruling earlier by the Court not granting stay of proceedings in the matter.
When the matter came up for hearing, counsel for the first respondent, Abdul Muhammed, SAN, informed the court that there is an affidavit of fact, a motion of appeal, and a notice of stay of proceedings in the registry.
"When a judge of a high court becomes aware of an application in a higher court, the notification in the lower court must be in the form of an affidavit of facts." It is expected that a trial judge will halt the hearing on the subject awaiting the hearing and resolution of the motion on notice."
Muhammed requested that the proceedings be stayed pending the hearing and determination of the motion on notice.
He informed the court that they had been served with the court processes on Thursday morning.
He asked for an adjournment so that they could react, but the judge denied.
He therefore announced his resignation from the case.
Barrister Sanusi Musa, SAN, a member of the team, announced the withdrawal of the other counsels for the first respondent from the case.
He stated before the court that "myself and other counsels apply for the withdrawal of our representation and appearances."
Hassan Tanko Kyaure, counsel for the third, fourth, and fifth respondents, informed the court that they had submitted an application for an extension of time dated July 2 and a counter affidavit in answer to the originating petition.
Kyaure sought the court to set aside the Kano State Emirate Council's repealed law because due process was not followed, and to dismiss the application at a cost of N1 billion.
Counsel for the sixth respondent, Sunday Ekwe, informed the court that they had nothing to show and therefore left everything to the Court's discretion.
Counsel for the applicant, Eyitayo Fatogun, requested the court to dismiss the motion for affidavit of facts under Order 39 Rule 1 and 2 of the Court.
"The move is for a suggested notice of appeal, not a notice of appeal. Filing a notice of appeal does not ensure a suspension of proceedings. It demonstrates that the affidavit of facts is just to postpone the proceedings. My Lord, the business of today is to hear all pending applications.
He urged the court to dismiss the third, fourth, and fifth respondents' applications on the subject of repealed statute because it was not before the Court.
Earlier in her order, Justice Amina Adamu Aliyu declined to grant the application for a stay of proceedings.
"The affidavit does not follow the Court's guidelines. The respondent did not reveal any unique facts that might merit a stay of proceedings.
She then adjourned the case until July 18 to rule on the petitions for extension of time, notice of preliminary objection, setting aside exparte order, joinder application, examining deponent, application for the judge to disqualify herself, and originating summons.
According to the Daily Trust, the petitioners, the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly, filed an exparte application on May 27 through their counsel Ibrahim Isah Wangida Esq.
The applicants are asking the court to prevent Ado Bayero and four other dethroned emirs of Bichi, Rano, Gaya, and Karaye from acting as emirs.
The respondents are Alhaji Aminu Ado Bayero, Alhaji Nasiru Ado-Bayero Bichi emir, Dr Ibrahim Abubakar ll, Karaye emir, Alhaji Kabiru Muhammad Inuwa, Rano emir, and Alhaji Aliyu Ibrahim Gaya, Gaya emir.
Others include the Inspector General of Police, the Director of State Security Service, the Nigerian Security and Civil Defence Corps, and the Nigerian Army. Ibrahim, Kano.