Court restrains Ado- Bayero, 4 others from acting as Emirs
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, 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 ex parte 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.
Others are the Inspector General of Police, Director State Security Service, Nigeria Security and Civil Defence Corps and Nigeria Army.
Delivering the judgement, 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 the 1999 Constitution as amended.
“The Kano State Governor has the right to ascent the the proposed bill to law after it is passed by the state assembly.”
The court also restrained the police and other security agencies from violating, disobeying, or tampering with the Kano State Emirate (Repeal) Law 2024.
“The deposed Emirs shall surrender all movable and inmovable properties in their possession that belong to the Kano State Emirate Council to the state government.” Adamu-Aliyu said
She held that the first respondent's legal counsel withdrawal without notice to other parties is unprofessional and without moving their motion, it is as good as not filing it since it has been abandoned.
The judge said the act of the 6th to 9th respondent for smuggling the first respondent to Kano after the enactment of the the Emirate Repeal Law 2024 disregards 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 to stay proceedings.
He urged the court to stay proceedings pending the hearing and determination of the motion at the appeal court.
NAN reports that Ado-Bayero’s counsel withdrew their legal services before the court on July 4.
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.
NAN reports that the applicants, 3, 4, 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.
NAN reports that the State House of Assembly dissolved all four newly created Emirate council’s in the state on May 23, and Gov. Abba Kabir-Yusuf reappointed Lamido Sanusi as the Emir of Kano
