In a new twist as each tries to outwit the other, the Kano Assembly has asked the Court of Appeal in Kano to stay further proceedings pending the hearing of the Appeal before the Court.
This is coming ahead of the ruling of Justice Abdullahi Liman of the Federal High Court in Kano on a motion filed by Aminu Babba Danagundi, challenging the legality of the Kano Emirates Council (Repeal) Law 2024.
Justice Liman had scheduled ruling on the legality of the Kano Emirates Council (Repeal) Law 2024 for Thursday June 20, 2024, just after he dismissed an application for a stay of proceedings by Eyitayo Fatogun (SAN), representing the Kano State House of Assembly.
Dissatisfied, Kano State House of Assembly in Appeal No: CA/KN/26/2024 filed by its lawyer, Eyitayo Fatogun (SAN) is praying for an order of injunction, restraining the Respondents, their privies, servants or any other person or authority, deriving power, authority, rights or privileges from any of the respondents particularly the 1st, 4th 5th, 6th and 7th Respondents from enforcing or attempting to further enforce the repealed Kano State Emirate Council law, the law which is no longer extant pending the hearing and determination of the Appeal before the Court of Appeal.
The appellant also prayed the court to stay execution of all orders particularly the Exparte Order granted on the 23rd of May 2024 by the lower court pending the hearing and determination of the Appeal presently before the Court.
The respondents are Mr Danagundi, Kano State Government, Attorney General of Kano State, Commissioner of Police, Kano State Inspector General of Police, the Nigeria Security And Civil Defence Corps, and the State Security Service.
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In its Motion on Notice brought pursuant to Sections 6 and 36 of the 1999 Constitution, Order 7 Rule 1 of the Court of Appeal Rules and under inherent jurisdiction of the court, the appellant prayed the court to take over the entire proceedings as there are conflicting orders of the Kano state High court and federal High Court on the same subject matter.
In its application for an urgent date, the appellant stated that the Federal High Court Kano on or about the 13th of June 2024, delivered its ruling in a suit filed for the Enforcement of the Fundamental Rights of Mr Dan’Agundi as it relates to the Kano State Emirate Council (repeal) Law 2024 made by the House of Assembly of Kano State and assented by the Executive Governor of Kano Stacie.
In the said ruling, Justice Liman held that the federal high court had jurisdiction in chieftaincy matters, and subsequently adjourned to the 14th of June 2024 for the hearing of the several applications filed by the applicant, particularly the application seeking to nullify the Kano State Emirate Council (repeal) Law 2024 made by the House of Assembly of Kano State and duly assented by the Executive Governor of Kano State.
The appellant further stated that “On the 13th day of June 2024, we immediately attempted to file our Notice of Appeal but was denied the opportunity by the Registry of the Federal High Court Kano on the ground that it was well after 2pm and they would not take processes anymore.
“Of great interest is that the registry continued to take processes for filing in other matters which were not related to the above mentioned suit.
“We therefore filed the Notice of Appeal at the Court of Appeal Registry, alongside an application for departure from the Rules.
“On the 14th of June 2024 , the Registry of the Federal High Court did not open till 9am due to hostility and fear of collecting processes from us for filing. We also applied for the ruling of the 13th day of June 2024, assuming jurisdiction but as suspected the ruling is not yet ready.
“We compiled records with the documents we were served, though uncertified but largely the documents filed by the Plaintiff at the lower court and were given an appeal number as indicated above. We certainly would compile supplementary records shortly upon receipt of the Proceedings and Ruling.
“We consequently filed a Motion for stay of proceedings or further proceedings before His Lordship.
“It may be of interest that your Lordship be informed that all these issues were brought to the attention of His Lordship. Hon justice A, M Liman but in a short ruling refused an application for stay of proceedings despite becoming aware of the Motion pending in the Court of Appeal”.
The appellant submitted that an appeal shall be deemed to have been entered in the court when the Record of Proceedings in the court below has been received in the Registry of the Court.
“Where there is an application before a higher court for a stay of further proceedings in the lower court, a decision by the lower court which will render the result of such application nugatory should be avoided.
“This unfortunate attitude in disregarding the process of the Court of Appeal bothers on judicial impertinence. it is an affront on the authority of the Court of Appeal. All the courts established under the constitution derive their powers and ‘authority from the Constitution.
“His lordship went ahead to hear an interlocutory application seeking to nullify the Kano State Emirate Council (repeal) Law 2024 which is the subject matter of the suit before My Lord.
“All entreaties including Learned Silk, Eyitayo Fatogun SAN’s recusing himself and applying that the matter be adjourned so that the parties he was representing could get other legal representation fell on deaf ears as His Lordship went ahead with the hearing of the motion.
“The effect of the grant of the motion heard by My Lord, of the Federal High Court when His Lordship delivers ruling on Thursday, the 20th of June 2024 is that the Emirate Council law as it is in force in Kano may be nullified.
“This will present the Court of Appeal with a fait accompli as the appeal would have been rendered nugatory.
“The motion which his Lordship is ruling on would have determined the substantive suit and there would be nothing to determine again.
“The Federal High court has determined the entire appeal based on jurisdiction as the Hon Court has continued to assume jurisdiction.
“It would set a bad precedent of lower courts choosing not to respect the decisions or proceedings of the higher court.
“The Federal High court with its disposition might grant the orders prayed for and cause that the five Emirates and their Emirs, some of whom have left the state for peace to reign would then have to return causing chaos and uprising in the state.
“The loss of lives which might be occasioned by the ruling may be rather too much as the peace in the state may be breached.
“It is in the interest of justice that the Court of Appeal takes over the entire proceedings as there are conflicting orders of the Kano state High court and federal High Court on the same subject matter,” the process read.
Daily Nigerian
