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Amid controversies that trailed the Kano Emirate tussle, the legal team of the 15th Emir of Kano, Aminu Ado Bayero have withdrawn their services in the case before the Kano State High Court.
The action by the legal team including two Senior Advocate of Nigeria, SAN was due to the court refusal to adjourn the case to a new date to enable them respond to the applications.
When the matter came up for hearing on Thursday, counsel to Bayero (1st respondent), Abdul Muhammed SAN notified the court about an affidavit of fact, that it has a motion of appeal and notice of stay of proceedings before the Court of Appeal.
Muhammed urged the court to stay the proceedings pending the hearing and determination of the motion on notice.
He also told the court that they were served with the court processes this morning by the plaintiff and however, sought for an adjournment to enable them to respond but the court refused his prayers.
He therefore, announced his withdrawal of service from the case before the court after the court refused his prayers.
Similarly, a member of the team, Barrister Sanusi Musa SAN on behalf of the other counsels for the first respondent announced their withdrawal from the case.
In his words: “Myself and other counsels apply for the withdrawal of our representation and appearances,” Musa told the court.
On their part, counsel to the 3rd, 4th and 5th respondents, Hassan Tanko Kyaure told the court that they have filed an application for an extension of time dated July 2 and counter affidavit in response to the originating motion.
Kyaure urged the court to set aside the Kano State emirates council repealed law as due process were not followed and urged the court to dismiss the application with the cost of N1 billion.
Counsel to the applicant, Eyitayo Fatogun SAN urged the court to discountenance the motion of affidavit of facts pursuant to order 39 rule 1 and 2 of the Court.
“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.”
He also urged the court to dismiss the 3rd, 4th and 5th respondents application on the issue of repealed law because the issue is not before the Court.
In her ruling, the presiding Judge, Justice Amina Adamu, refused to grant the application for the stay of proceedings.
“The affidavit is unknown to the rules of Court. The respondent did not disclose any special fact to warrant any stay of proceedings.”
She therefore adjourned the case to July 18 to rule on the applications of extension of time, notice of preliminary objection, setting aside exparte order, joinder application, examining deponent, application for the Judge to recuse herself and originating summon.
Earlier, before delivering her ruling, the Judge, Justice Adamu had ordered the lawyers in the matter to stop granting interviews to journalists before and after her ruling on stay of proceedings.
The applicants in the case are: the Attorney General of Kano State, Speaker Kano State House of Assembly and Kano State House of Assembly, through their counsel Ibrahim Isah Wangida Esq, filed a motion exparte dated May 27.
The applicants are seeking the court to restrain the 15th Emir of Kano, Aminu Ado Bayero, and four other dethroned emirs from parading themselves as emirs.
The respondents are, Alhaji Aminu Ado Bayero, Alhaji Nasiru Ado-Bayero (Bichi), Dr. Ibrahim Abubakar ll (Karaye), Kabiru Muhammad Inuwa (Rano) and Aliyu Ibrahim Gaya (Gaya).
Others are Inspector General of Police, Director State Security Service, Nigeria Security and Civil Defence Corps and Nigeria Army.
