Home JUSTICE & JUDICIARY Kano Emirate Tussle: We’ve withdrawn our representation – Bayero’s Counsel …Stage...

Kano Emirate Tussle: We’ve withdrawn our representation – Bayero’s Counsel …Stage Walk-Out

Aminu Ado Bayero

By Our Correspondent

The Counsel to the 15th Emir of Kano Alhaji Aminu Ado Bayero led by Abdul Muhammad SAN have withdrawn their Legal representation in the
ongoing Kano Emirate Legal tussle before Justice Amina Adamu Aliyu of the Kano High Court Number 7.

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Read Also: Kano Emirate Lawsuit: Court Fixes July 2 for Hearing of Pending Applications
The 16th Emir of Kano Mallam Muhammad Sanusi II through his counsel Eyitayo Fatogun SAN urged the court to restrain Alhaji Aminu Ado Bayero from using or hijacking Kano Emirate Symbol of Authorities.

Read Also: FHC assumes jurisdiction to hear suit challenging Kano Emirate Council (Repeal) Law 2024.
When the case resumed today Thursday for the hearing of all pending applications from both counsel, Counsel to the 1st Respondent ( Alhaji Aminu Ado Bayero) informed the court that he has filed an appeal before the appellate court challenging the court ruling earlier delivered against the 1st Respondent.

The Counsel asked the court for stay of proceedings pending hearing and determination of the court of Appeal’s verdict.

making his submissions, Counsel to the 1st Respondent said attached to his application was affidavit of facts, adding that the facts contained in their motion on notice the case couldn’t go further.

Citing Supreme Court decision, the Counsel said that, where a judge of High Court aware that Appeal has been filed against his either ruling or judgment by means of expressing affidavit of facts, he should grant stay from further proceedings pending hearing and determination of the Appeal Court.

The Counsel further submitted that “It is expected of a court without any soliciting delay to grant stay of proceedings of any matter with an application on stay of proceedings brought before it pending and determination of the court of Appeal”

The lead Counsel, similarly relied on Order 39 Rule 9 of Kano State High Court Civil Procedure.

In his response, the lead Counsel to the Applicant, Eyitayo Fatogun SAN, argued that the business of today’s proceeding was for hearing of all pending applications.

The Counsel urged the court to refuse granting stay of proceedings, arguing that the Counsel to the 1st Respondent didn’t provide any application attached to his motion seeking for the stay of proceeding.

The Counsel further submitted that there was no any motion on notice to warrant the court grant his prayer.

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“As far as we are concerned there is no any application brought to affidavit of facts doesn’t convince court to grant stay of proceedings.

There is also no order from court of Appeal warrating this court to grant stay of proceeding.” Fatogun SAN maintained.

He continued that the mere filing notice of Appeal doesn’t guaranteed court to grant stay of proceedings.

The Counsel added that for a court to grant Stay of proceedings, Court records must properly transmitted with evidence of payment

In its ruling, the presiding judge, Justice Amina Adamu Aliyu said Affidavit of Facts brought by 1st Respondent didn’t provide any ground to enable court grant stay of proceeding.

Justice Aliyu, Consquently, dismissed the prayer and ordered for the continuation of the proceeding.

Abdul Muhammad, SAN thereafter, urged the court to adjourned its sitting to enable him respond to the application brought, but the court refused to adjourn.

After the counsel failed to convince the judge on the need to have sufficient time to respond to the application, they staged a walk out.

We are hereby seeking your leave to withdraw from this matter and inform our client we will not protect his interest before this Honourable Court,

Meanwhile Counsel to the 3rd 4th and 5th Respondents ( Deposed Emirs) brought an application seeking the court to set aside the Kano State Emirate Council (Repeal) Law 2024 with additional punitive cost of N1Billion.

After listening to all applications, presiding judge Justice Amina Adamu Aliyu adjourned the case to 18th July for ruling.

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