Abdul Muhammed SAN and other counsel to the 15th Emir of Kano, Aminu Ado-Bayero, in the ongoing Kano emirship tussle, have withdrawn their legal services before the State High Court.
The applicants in the matter are the Attorney General of Kano State, the Speaker Kano State House of Assembly and the Kano State House of Assembly, through their counsel Ibrahim Isah-Wangida, filed a motion exparte dated May 27.
The applicants are seeking the court to restrain Aminu 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 ll, 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 of State Security Service, Nigeria Security and Civil Defence Corps and Nigeria Army.
When the case came up for hearing, Counsel to Ado-Bayero, Muhammed informed the court that he had an affidavit of fact dated July 3, attached with a notice of appeal and a motion of stay of proceedings.
He urged the court to stay of proceedings pending the hearing and determination of the motion at the appeal court.
“My lord we were served with the court processes this morning by the applicants.”
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”
Counsel to the 3rd, 4th and 5th respondents, Hassan Tanko-Kyaure, moved his application for an extension of time dated July 2 and counter affidavit in response to the originating motion.
He urged the court to set aside the Kano State Emirates Council (Repeal) law 2024, adding that due process was not followed.
Tanko-Kyaure also urged the court to dismiss the applicant’s application with a cost of N1 billion.
Counsel to the Inspector-General of Police, Sunday Ekwe, told the court that he had nothing to present, adding that they left everything to the discretion of the Court.
Responding Counsel to the applicant, Eyitayo Fatogun urged the court to discountenance the respondent’s affidavit of facts under order 39 rules 1 and 2 of the Court.
“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 on the issue of Kano Emirate Repeal Law because the issue is not before the Court.
Earlier, Delivering a ruling, Justice Amina Adamu-Aliyu, refused the application for a stay of proceedings filed by the respondent.
“The respondent did not disclose any special fact to warrant any stay of proceedings” Adamu-Aliyu said.
The judge adjourned the matter until July 18, to rule on an application for an extension of time, a notice of preliminary objection, setting aside exparte order, a joinder application, and the Judge to recuse herself among others.
NAN reports that the court had on May 27, granted an order of interim injunction restraining the 1st 2nd, 3rd, 4th & 5th respondents by themselves, servants, and privies, from parading themselves as Emirs in the interest of peace in Kano.
NAN reports that the State House of Assembly on May 23, dissolved all four newly created Emirate councils in the state and Governor Abba Kabir-Yusuf, reappointed Lamido Sanusi, as the Emir of Kano.
