Kano Emirship Tussle: Court perpetually restrains Ado-Bayero, four others from acting as emirs

A Kano State High Court, on Monday perpetually ordered and restrained 15th Emir of Kano Aminu Ado-Bayero, and four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs.

Penpushing reports that applicants which include the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly had on May 27,2024 filed a motion exparte through their counsel, Ibrahim Isah-Wangida, praying the court to restrain Ado-Bayero and others from acting as emirs

The respondents include Ado-Bayero; Nasiru Ado-Bayero, the former Bichi emir; Ibrahim Abubaka, former emir of Karaye; Kabiru Muhammad-Inuwa, former emir of Rano and Aliyu Ibrahim-Gaya, former emir of Gaya.

Penpushing further reports that others mentioned in the motion exparte are the Inspector General of Police, Director of the State Security Service, Nigeria Security and Civil Defence Corps and the Nigerian Army.

The judge, Justice Amina Adamu-Aliyu while delivering judgement granted a perpetual injunction and 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 Nigerian Constitution.

Penpushing also reports that the court emphasized that the Kano State Governor has the right to ascent the proposed bill to law after being passed by the state assembly, and equally restrained the police and other security agencies from violating, disobeying or tampering with the Kano State Emirate (Repeal) Law 2024.

The judge in the judgement declared that the deposed emirs shall surrender all movable and immovable properties in their possession that belong to the Kano State Emirate Council to the Kano state government.

Penpushing reports that Adamu-Aliyu ruled held that the first respondent’s legal counsel’s withdrawal without notice to other parties is unprofessional and that not moving their motion is as good as not filing it since it has been abandoned.

The judge pointed out that the act of the 6th to 9th respondents (security agencies) for smuggling the first respondent (Ado-Bayero) to Kano after the enactment of the Emirate Repeal Law 2024 disregards the oath they swore for the protection of life and properties.

Penpushing further reports that the applicant’s counsel, Ibrahim Isa-Wangida, earlier urged the court to invalidate the respondent’s affidavit of facts pursuant to order 39, rules 1 and 2 of the court, while the. counsel to Ado-Bayero, Abdul Muhammed, 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.

The lawyer, however, urged the court to stay proceedings pending the hearing and determination of the motion at the appeal court, while the counsel to the 3rd, 4th and 5th respondents, Hassan Tanko-Kyaure, moved his application for an extension of time dated July 2 and counter affidavit in response to the originating motion

Penpushing also reports that he urged the court to set aside the Kano State Emirates Council (Repeal) law 2024, arguing that due process was not followed and urged the court to dismiss the applicant’s application with a cost of N1 billion.

Meanwhile, the counsel to the Inspector-General of Police, Sunday Ekwe, told the court that he had nothing to present, while it is recalled that Ado-Bayero’s counsel had on July 4,2024 withdrew their legal services before the court.

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