Emirship Tussle: You can’t act as Emir, Court tell Ado-Bayero, 4 others

On Monday, a Kano State High Court issued a permanent injunction prohibiting Alhaji Aminu Ado-Bayero, the 15th Emir of Kano, and the other four dethroned emirs of Bichi, Rano, Gaya, and Karaye from displaying their emiralty.

The parties who filed the motion exparte on May 27 are the Attorney General of Kano State, the Speaker of the Kano State House of Assembly, and the Kano State House of Assembly, represented by Ibrahim Isah-Wangida Esq.

In order to prevent Ado-Bayero and the other four dethroned emirs of Bichi, Rano, Gaya, and Karaye from presenting themselves as emirs, the applicants requested a court injunction.

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 of State Security Service, Nigeria Security and Civil Defence Corps and Nigeria 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 under section 4 rule 6,7(b) of the 1999 Constitution as amended.

“The Kano State Governor has the right to ascent 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 tempering 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” Adamu-Aliyu said
She held that the first respondent legal counsel withdrawal without notice to other parties is unprofessional and that 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 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 discount the respondent’s affidavit of facts under order 39 rules 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, withdrew their legal services before the court.
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.

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, 3,4and 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 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.