Kano Emirate Tussle: Lawyers for Emir Bayero Withdraw from the Case

The legal team for the 15th Emir of Kano, Alhaji Aminu Ado Bayero, has withdrawn from the ongoing dispute over the Kano emirate at the State High Court.

This action was taken to express dissatisfaction with the court’s decision not to grant a stay of proceedings in the case.

During the hearing, Abdul Muhammed, SAN, representing the first respondent, informed the court of an affidavit of facts, a motion of appeal, and a notice of stay of proceedings filed in the registry.

Muhammed argued that when a High Court judge is aware of a higher court application, the lower court must acknowledge this in an affidavit of facts and halt proceedings pending the higher court’s decision. He urged the court to stay the proceedings until the motion on notice is heard and determined. However, the court refused his request, leading to his withdrawal from the case.

Another team member, Barrister Sanusi Musa, SAN, announced the withdrawal of the other counsels for the first respondent, stating, “Myself and other counsels apply for the withdrawal of our representation and appearances.”

Counsel for the third, fourth, and fifth respondents, Hassan Tanko Kyaure, informed the court of an application for an extension of time and a counter affidavit. Kyaure urged the court to set aside the Kano State emirates council repealed law, arguing that due process was not followed and requested the application be dismissed with a cost of N1 billion.

The counsel for the sixth respondent, Sunday Ekwe, stated they had nothing to present and left the matter to the court’s discretion.

Counsel for the applicant, Eyitayo Fatogun, argued that the motion of affidavit of facts was intended to delay proceedings and urged the court to dismiss the third, fourth, and fifth respondents’ application regarding the repealed law, as it was not before the court.

Judge Amina Adamu Aliyu refused to grant the application for a stay of proceedings, stating the affidavit was not recognized by court rules and did not disclose any special fact to warrant a stay. She adjourned the case to July 18 for rulings on several applications, including an extension of time, notice of preliminary objection, setting aside an ex parte order, joinder application, examining deponent, application for the judge to recuse herself, and originating summon.

The applicants, represented by Ibrahim Isah Wangida Esq., are the Attorney General of Kano State, Speaker Kano State House of Assembly, and Kano State House of Assembly. They seek to restrain Ado Bayero and four other dethroned emirs from parading themselves as emirs. The respondents include Alhaji Aminu Ado Bayero, Alhaji Nasiru Ado-Bayero, Dr. Ibrahim Abubakar II, Alhaji Kabiru Muhammad Inuwa, and Alhaji Aliyu Ibrahim Gaya, as well as the Inspector General of Police, Director State Security Service, Nigeria Security and Civil Defence Corps, and Nigeria Army.