Mr Abddul Muhammed SAN and other counsel for the 15th Emir of Kano, Aminu Ado-Bayero, in the ongoing Kano emirship tussle, have withdrawn their legal services before the State High Court.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.
The applicants, through their counsel, Ibrahim Isah-Wangida, 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.
When the case came up for hearing, counsel for 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 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.
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,” he 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.
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, adding that they left everything to the discretion of the court.
Responding, counsel for the applicant, Mr Eyitayo Fatogun, urged 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.
Earlier, delivering a ruling, Justice Amina Adamu-Aliyu refused the application for 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 till July 18 to rule on an application for extension of time, notice of preliminary objection, setting aside ex parte order, joinder application, and judge to recuse herself among others.
NAN reports that the court had on May 27, granted an order of interim injunction restraining the first, second, third, fourth and fifth 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.
(NAN)
