Lawyers representing Aminu Ado Bayero, 15th emir of Kano, have withdrawn in the ongoing Kano emirate tussle before the state high court.
At the resumed court session on Thursday, Abdul Muhammed, counsel to the first respondent, 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.
“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,” he said.
“It is expected that a trial court should stop the hearing on the matter pending the hearing and determination of the motion on notice.”
He told the court that they were served with the court processes on Thursday morning.
He sought an adjournment that would enable them to respond but the court refused his prayers.
He therefore announced his withdrawal of service from the case.
Sanusi Musa, another member of the team, announced their withdrawal from the case on behalf of the other counsels for the first respondent.
“Myself and other counsels apply for the withdrawal of our representation and appearances,” Musa said.
Hassan Kyaure, counsel to the third, fourth and fifth respondents, told the court that he has filed an application for an extension of time and counter affidavit in response to the originating motion.
Kyaure prayed the court to set aside the Kano State Emirate Council repeal law as due process was not followed. He also asked that a fine of N1 billion be awarded against the plaintiffs.
Sunday Ekwe, counsel to the sixth respondent, told the court that he had nothing to present.
Responding, Eyitayo Fatogun, counsel to the applicant, urged the court to discount the respondent’s affidavit of facts pursuant to 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,” he said.
Fatogun asked 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.
THE RULING
Delivering the ruling, Amina Adamu-Aliyu, presiding judge, refused the application for a stay of proceedings.
“The respondent did not disclose any special fact to warrant any stay of proceedings,” she said.
The judge adjourned the case until July 18 for ruling on the applications for extension of time, notice of preliminary objection, setting aside ex parte order, joinder application, and for the judge to recuse herself, among others.
The applicants in the suit are the attorney-general of Kano, the speaker, and the Kano house of assembly.
Respondents are Aminu Bayero, Nasiru Ado Bayero, Ibrahim Abubakar II, Kabiru Muhammad Inuwa, Aliyu Ibrahim Gaya, inspector-general of police (IGP), director of the Department of State Services (DSS), Nigeria Security and Civil Defence Corps (NSCDC), and the Nigerian Army.
In May, the court restrained Aminu Bayero from parading himself as the Emir of Kano pending the determination of the suit.
The court also ordered the police to take over the Nassarawa palace where Bayero has been sheltering since he returned to Kano after his dethronement.
[TheCable]