Emirship Tussle: Bayero’s Lawyers Back Out of Legal Case
POLITICS DIGEST – A Senior Advocate of Nigeria, Abdul Mohammed, and other counsel for the 15th Emir of Kano, Aminu Ado Bayero, on Thursday, withdrew their legal representation in the Kano emirate tussle suit.
Mohammed had informed the Kano State High 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 proceedings, pending the hearing and determination of the motion at the appeal court.
“We were served with the court processes this morning by the applicants,” he said.
Mohammed also sought an adjournment to enable the team of lawyers to respond to the applications but the court declined to grant his prayers.
Dissatisfied with the ruling, he made known his withdrawal of service from the case.
Another member of the team, Senior Advocate of Nigeria, Sanusi Musa also announced the withdrawal of other lawyers for the first respondent, after which the team of lawyers staged a walkout from the hearing.
“My Lord, myself, and other counsel representing the first respondent apply for the withdrawal of our legal services and appearances,” the lawyer said.
Counsel for the third, fourth, and fifth 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 for the Inspector-General of Police, Mr Sunday Ekwe, told the court that he had nothing to present, as he had left everything to the discretion of the court.
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Counsel for the applicant, Eyitayo Fatogun, asked the court to discountenance the respondent’s affidavit of facts pursuant to 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 third, fourth and fifth respondents’ applications on the issue of Kano Emirate Repeal Law because the issue is not before the court.
Before that, Justice Adamu-Aliyu had 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 court has adjourned till July 18 to rule on an application for an extension of time, notice of preliminary objection.
Justice Amina Adamu-Aliyu fixed the date for ruling after listening to the parties in the suit. The judge will also rule on an application seeking to set aside an exparte order of the court as well as the joinder of parties to the case.
The judge also barred all lawyers in the case from granting media interviews until the substantive case was determined.
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, the applicants filed a motion ex parte dated May 27.
They are asking the court to restrain Ado-Bayero and four other dethroned emirs of Bichi, Rano, Gaya, and Karaye from parading themselves as emirs.
The respondents are 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.
