Kano Emirates Tussle: Ado Bayero’s Counsel Withdraw From Case

The ongoing legal tussle over the Kano emirate law has suffered a temporary setback with counsels of the 15th Emir of Kano, Alhaji Aminu Ado Bayero, withdrawing their services from the case before the State High Court.

Alhaji Bayero’s legal representatives said the latest move is to demonstrate their dissatisfaction with the Court ruling of not granting stay of proceedings in the case.

Counsel to the first respondent, Abdul Muhammed (SAN) had informed the court that there is an affidavit of fact when the matter came up for hearing, explaining that their client has a motion of appeal and notice of stay of proceedings in the registry.

Advancing his argument before the Court, the Senior lawyer said; “When a judge of a high Court is aware of application in a higher court, the notification in the dependency in the lower court must be in affidavit of facts.

“It is expected that at a trial court should stop the hearing on the matter pending the hearing and determination of the motion on notice.”

On that note, Muhammed urged the court to stay the proceedings pending the hearing and determination of the motion on notice.

According to him, they were served with the court processes on Thursday morning and therefore sought an adjournment that would enable them to respond but the Court refused his prayers.

Consequently, he announced his withdrawal of service from the case and this was followed by a member of the team, Barrister Sanusi Musa (SAN), who also announced on behalf of the other counsels for the first respondent, their withdrawal from the case.

Musa informed the Court thus; “Myself and other counsels apply for the withdrawal of our representation and appearances.”

Also, counsel to the third, fourth and fifth respondents, Hassan Tanko Kyaure, informed the Court of their application filed on July 2, 2024 seeking an extension of time as well as the counter affidavit in response to the originating motion.

Kyaure urged the court to set aside the Kano State Emirates Council repealed law, insisting that due process was not followed, even as he urged the Court to dismiss the application with the cost of N1 billion.

Counsel to the sixth respondent, Sunday Ekwe, told the court that they have nothing to present so they left everything to the discretion of the Court.

On his part, Counsel to the applicant, Eyitayo Fatogun, urged the Court to discountenance the motion of affidavit of facts pursuant to order 39 rule 1 and 2 of the Court.

He further stated that; “The motion refers to a proposed notice of appeal not a notice of appeal. The filing of notice of appeal does not guarantee the stay of proceedings. 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.”

Additionally, Fatogun pleaded with the court to dismiss the third, fourth and fifth respondents application on the issue of repealed law because the issue is not before the Court.

Ruling on the issues before her, the presiding Judge, Justice Amina Adamu Aliyu, refused to grant the application for the stay of proceedings.

According to her; “The affidavit is unknown to the rules of Court. The respondent did not disclose any special fact to warrant any stay of proceedings.”

The Court therefore adjourned the case to July 18 to rule on the various applications regarding the extension of time; notice of preliminary objection; setting aside exparte order; and joinder application.

Other issues include examining deponent; application for the judge to recuse herself; and originating summon.

Through their counsel, Ibrahim Isah Wangida Esq, the applicants, Attorney General of Kano State, Speaker Kano State House of Assembly and Kano State House of Assembly, had on May 27, 2024 filed a motion exparte.

They are urging the Court to restrain Ado Bayero, and four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs in Kano State.

Those identified as respondents in the case are Alhaji Aminu Ado Bayero; Alhaji Nasiru Ado-Bayero – Emir of Bichi; Dr Ibrahim Abubakar ll – Emir of Karaye; Alhaji Kabiru Muhammad Inuwa – Emir of Rano; and Alhaji Aliyu Ibrahim Gaya – Emir of Gaya.

The list of respondents also include the Inspector General of Police (IGP), Director State Security Service (SSS), Nigeria Security and Civil Defence Corps (NSCDC) and the Nigerian Army (NA).