A Federal High Court in Kano, has fixed Thursday, June 20, 2024, to decide whether the new Emirate Law created by the Abba Yusuf administration should stay.
The presiding judge, Justice Abdullahi Muhammad Liman fixed the date to rule on a motion filed by counsel for Aminu Babba Dan’Agundi, who is seeking the court to declare the Kano Emirates Council (repeal) Law 2024 null and void.
The applicant, who is the traditional title holder of Sarkin Dawaki Babba of Kano emirate, Aminu Babba Dan’Agundi had approached the court seeking to enforce his fundamental human rights said to have been violated by government action in the Emirship tussle.
The respondents in the suit are Kano State Government as 1st respondent, Kano State House of Assembly (2nd), Speaker of Kano State House of Assembly (3rd), Attorney General of Kano State (4th), Kano Commissioner of Police (5th), Inspector General of Police, IGP (6th), NSCDC and DSS as 7th and 8th respondents respectively.
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Danagundi’s lawyer Chikaosolu Ojukwu SAN moved the motion after the court refused an application for a stay of proceedings orally moved by counsel for the Kano State House of Assembly and its speaker, Eyitayo Fatogun SAN.
Fatogun drew the attention of the court dissatisfied with the ruling of the court on Thursday assuming jurisdiction in the matter, noting that he has filed a notice of appeal at the court of appeal and motion on stay of execution.
He urged the judge to adjourn in view of the processes filed pending hearing and determination of his application at the court of appeal.
Counsel for the attorney general of Kano state and the state government A. G. Wakil aligned himself with the position of Fatogun.
The applicant’s counsel countered saying the authorities cited by the defence were not judicial decisions but rules of court.
Justice Liman ruled that from the acknowledged receipted letter of the defence counsel, it is clear that no date is fixed and there is no evidence that the appeal has been entered.
The judge held that the court would hear the pending application as there was no formal stay of proceedings application before the court.
When the plaintiff’s counsel rose to move his motion seeking a declaration of the conduct of the dependants as null and void, counsel for the assembly and its speaker Eyitayo Fatogun applied to be recused from the matter and ask for an adjournment to enable his clients to find another lawyer.
He argued that he cannot defend the interest of clients who have the fundamental right to be heard and to proceed is to deny them their right.
Justice Liman held that the conduct of the lawyer amounted to an abuse of the court process.
While noting that he intends to abandon the procedural route, the judge said the sacred duty of courts is to serve justice to all manner of people.
Counsel for Kano government AG Wakil opposed the plaintiff’s application having filed his application for a stay of proceedings arguing that if granted the substantive case is over.
The plaintiff’s lawyer then withdrew his application to amend his originating motion dated 31/024 which the judge struck out and adjourned to Thursday, June 20 for ruling on the motion seeking the court’s declaration that the Kano Emirates Council repeal law 2023 is null and void.
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