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July 15, 2024
A Kano State High Court, on Monday, granted a perpetual injunction restraining the 15th Emir of Kano, Alhaji Aminu Ado-Bayero, and Four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs.
The applicants are 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 sought a court order restraining 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.
Delivering the judgment , Justice Amina Adamu-Aliyu, held that the Kano State House of Assembly had powers to amend and propose a bill for the peace and good governance of a state pursuant to section 4 rule 6,7(b) of 1999 Constitution as amended.
“The Kano State Governor has the right to ascent the the proposed bill to law after being passed by the state assembly”
The court also restrained the Police and other security agencies from violating, disobeying or temparing with the Kano State Emirate (Repeal) Law 2024.
“The deposed Emirs shall surrender all movable and inmovable properties in their possession that belongs to the Kano State Emirate Coucil to the state government” Adamu-Aliyu said.
She held that the first respondent legal counsel withdrawal without notice to other parties is unprofessional and without moving their motion is as good as not filing it since it has been abandoned.
The judge said the act of the 6th to 9 respondent for smuggling the first respondent to Kano after the enactment of the the Emirate Repeal Law 2024 disregard to what they have sworn for the protection of life and property.
Earlier, Counsel to the applicant, Mr Ibrahim Isa-Wangida, urged the court to discountenance the respondent affidavit of facts pursuant to order 39 rule 1 and 2 of the Court.
Counsel to Ado-Bayero, Mr Abdul Muhammed SAN, informed the court that they have an affidavit of fact dated July 3, 2024 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.
NAN reports that Ado-Bayero’s counsel on July 4, withdraw their legal services before the court.
Counsel to the 3rd, 4th and 5th respondents, Hassan Tanko-Kyaure, moved his application for 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 were not followed and urged the court to dismiss the applicant’s application with a cost of N1 billion.
Counsel to the Inspector/General of Police, Mr Sunday Ekwe, told the court that he had nothing to present.
The applicants, 3rd,4th and 5th respondents moved their applications, for 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.
The State House of Assembly on May 23, dissolved all the four newly created Emirate council’s in the state and Gov. Abba Kabir-Yusuf, reappointed Lamido Sanusi, as the Emir of Kano(NAN)
