Abdul Muhammed (SAN) and other counsels to the 15th Emir of Kano, Aminu Ado-Bayero, in the ongoing Kano emirship tussle, have withdrawn their legal services before the State High Court.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 of the Kano State House of Assembly and the Kano State House of Assembly, through their counsel Ibrahim Isah-Wangida, filed a motion exparte dated May 27.
The applicants are seeking the court to restrain Mr Ado-Bayero and four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs.
The respondents are Mr Ado-Bayero, Nasiru Ado-Bayero, Bichi emir; Ibrahim Abubakar II, emir of Karaye; Kabiru Muhammad-Inuwa, emir of Rano; and Aliyu Ibrahim-Gaya, emir of Gaya.
Others are the Inspector General of Police, the director of the State Security Service (SSS), the Nigeria Security and Civil Defence Corps (NSCDC), and the Nigerian Army.
When the case came up for hearing, Mr Muhammed, the counsel to Mr Ado-Bayero, 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 of proceedings pending the hearing and determination of the motion at the appeal court.
“My lord, we were served with the court processes this morning by the applicants,” said Mr Muhammed.
He sought an adjournment to enable them to respond, but the court refused to grant his prayers.
“My lord, myself and other counsels representing the first respondent apply for the withdrawal of our legal services and appearances,” the lawyer said.
Counsel to 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.
He urged the court to set aside the Kano State Emirates Council (Repeal) law 2024, adding that due process was not followed.
Mr Tanko-Kyaure also urged the court to dismiss the applicant’s application with a cost of N1 billion.
Counsel to the Inspector-General of Police, Sunday Ekwe, told the court that he had nothing to present, adding that they left everything to the court’s discretion.
Responding, counsel to the applicant, Eyitayo Fatogun, urged the court to discountenance 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,” said Mr Fatogun.
Mr Fatogun urged the court to dismiss the third, fourth and fifth respondents’ applications on the Kano Emirate Repeal Law issue because the issue is not before the court.
In a ruling, Justice Amina Adamu-Aliyu refused the application for a stay of proceedings filed by the respondent.
“The respondent did not disclose any special fact to warrant any stay of proceedings,” said Ms Adamu-Aliyu.
The judge adjourned the matter until July 18 for a ruling on the application for extension of time, notice of preliminary objection, setting aside the exparte order, joinder application, and judge to recuse herself, among others.
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.
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.