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KANO EMIRSHIP: NBA queries lawyers over ex-parte orders, as service failure stalls Tuesday hearing

KANO EMIRSHIP: NBA queries lawyers over ex-parte orders, as service failure stalls Tuesday hearing

The Kano State High Court presided over by Justice Amina Adamu Aliyu could not proceed with the hearing of the case filed the state government against the 15th Emir of Kano, Alhaji Aminu Ado Bayero on Tuesday.

Hearing in the case failed due to lack of service of court processes on Alhaji Aminu Ado Bayero and four other respondents, including Alhaji Nasiru Ado-Bayero (Bichi) Dr Ibrahim Abubakar ll (Karaye), Alhaji Kabiru Muhammad-Inuwa (Rano) and Alhaji Aliyu Ibrahim-Gaya (Gaya).

The applicants in the matter are the Attorney General of Kano State, Speaker Kano State House of Assembly and Kano State House of Assembly.

READ ALSO: KANO: Two emirs get parallel court orders laying claim to Gidan Rumfa Palace

Ibrahim Isah Wangida who represented the state government, filed a motion exparte dated May 27, 2024, seeking the court to restrain Aminu Ado Bayero and the others from parading themselves as emirs.

The other respondents, aside the emirs, are the Inspector-General of Police, Director of the State Security Service, the Nigeria Security and Civil Defence Corps and Nigeria Army.

Inability to serve

Counsel for the Inspector-General of Police, Abdulsalam Saleh, told the court that all attempts made to serve the first to the fifth respondents failed.

“My lord we filed an affidavit of service. We have done our best to ensure service was made on all the five emirates but could not get to them.

“There was an order from the Federal High Court restraining the police from arresting, intimidating or harassing the respondents that was why we could not serve them,” Saleh said.

Service not restrained

Justice Amina Adamu Aliyu held that “The 6th respondent could not have refused to serve the respondents because there was an order stopping them from arresting or intimidating the five emirates.

“As far as the law is concerned, you are only serving them papers, the earlier order cannot stop you. How can you give protection to the first respondent and say you were unable to serve him?”

READ ALSO: Kano governor bans public protests over emirship tussle

It is unclear if the second to fifth respondents are available to receive service, but a source said some of them have already left Kano in compliance with the order of Kano State governor which asked them to leave within 24 hours after they were deposed.

Adjournment

Counsel for the applicants, Eyitayo Fatogun (SAN), applied for another date to enable them file all necessary applications for service on the respondents.

The court ordered that the five dethroned emirs be served through the office of the Kano Commissioner of Police, and adjourned the matter to June 24, for hearing in the motion on notice.

Query for lawyers

In a related development, all the lawyers involved in the conflicting ex-parte applications and orders around the emirate tussle have been served query letters by the Nigerian Bar Association (NBA).

The Kano division of the Federal High Court first gave an order restraining Kano State government from giving effect to the law passed by the state House of Assembly removing the emirs.

The government however disregarded the order and went ahead to ‘dethrone’ Aminu Bayero and ‘rethrone’ Muhammadu Sanusi II as Emir of Kano.

Bayero however returned to Kano, and the governor, Abba Kabir Yusuf, gave an order for his arrest. The arrest failed as security operatives said they were complying with the court order that ‘halted’ his dethronement.

The state government obtained a second order from a state High Court restraining Bayero and others from being called emirs. The order also asked for his eviction from the parallel emirate palace from where he was operating.

A third order was obtained from Federal High Court stopping Bayero’s eviction, harassment and arrest.

The embarrassment caused by these multiple and conflicting court orders moved the NBA and the Chief Justice of Nigeria (CJN) to take cautionary steps towards addressing what they called the abuse of court processes.

The CJN summoned the Chief Judge of Kano State and that of the Federal High Court over the resulting confusions while the NBA vowed to deal with any of its members who might be found with unethical dealings.

While there was no information regarding the meeting between the CJN and the two Chief Judges, Nigerian Sketch was told that the NBA had queried all the lawyers involved in the matter from the two sides.

The query letters demanded from the lawyers to state their individual roles in the matter and explain why they would not be found fouling the professional ethics.

All the lawyers said they have responded to the query and are now awaiting the recommendation of the Ethics and Disciplinary Committee of the NBA.

Faruk Khalil
Faruk Khalilhttps://nigeriansketch.com/
Khalil Faruk (Deputy Editor-in-Chief), has a Bachelors and Master's degree in Political Science and has worked as a reporter, features editor and Deputy Editor-in-Chief respectively in a leading Nigerian daily. He has undergone trainings in journalism, photo journalism and online journalism within and outside Nigeria.

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