A State High Court in Kano, on Monday, granted a perpetual injunction restraining the 15th Emir of Kano, Aminu Ado-Bayero, and four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs.
The applicants are the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly, who, through their counsel, Ibrahim Isah-Wangida, filed a “motion exparte ” dated 27 May.
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 Mr 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.
Others are the Inspector General of Police, Director of the State Security Service, Nigeria Security and Civil Defence Corps and the Nigerian Army.
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 the Nigerian Constitution.
“The Kano State Governor has the right to ascent the proposed bill to law after being passed by the state assembly,” the court ruled.
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 immovable properties in their possession that belong to the Kano State Emirate Council to the state government,” Mrs Adamu-Aliyu ruled.
She 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 said the act of the 6th to 9th respondents (security agencies) for smuggling the first respondent (Mr 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.
Earlier, the applicant’s counsel, Ibrahim Isa-Wangida, urged the court to invalidate the respondent’s affidavit of facts pursuant to order 39, rules 1 and 2 of the court.
The counsel to Ado-Bayero, Abdul Muhammed, informed the court that they have an affidavit of fact dated 3 July 2024 attached with a notice of appeal and a motion of stay of 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 on 4 July withdrew their legal services before the court.
The counsel to the 3rd, 4th and 5th respondents, Hassan Tanko-Kyaure, moved his application for an extension of time dated 2 July 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 and urged the court to dismiss the applicant’s application with a cost of N1 billion.
The counsel to the Inspector-General of Police, Sunday Ekwe, told the court that he had nothing to present.
NAN reports that the 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.
Recalled that that the State House of Assembly on 23 May dissolved all four newly created emirate councils in the state and Governor Abba KabYusuf reappointed Lamido Sanusi as the Emir of Kano.
However, there are various suits in courts over the Kano emirate crisis with the deposed emirs insisting on holding their positions.
