A High Court in Kano on Monday fixed Feb. 27, for the continuation of hearing in an application filed by some Kano Elders, seeking an order stopping the new law creating four First Class Emirates in Kano.
The suit, filed by Alhaji Bashir Usman-Tofa and 19 others, is challenging the law that created the four new first Class Emirates.
The respondents in the suit are: The Governor of Kano State, The speaker Kano House of Assembly, Kano State House of Assembly, The Attorney General of Kano, Tafida Abubakar-Ila, Ibrahim Abdulkadir-Gaya, Dr Ibrahim Abubakar II, Aminu Ado-Bayero, Kano Emirate Council and Emir of Kano, Muhammad Sanusi II.
When the case came up for hearing, A.B. Mahmoud, SAN, informed the court that the matter was for hearing in an Interlocutory application, seeking an order restraining the further implementation of Kano State Emirate Council Law passed.
He also told the court that nobody had the right to interrupt the proceedings of the court they have to follow due process based on the joinder application filed by some lawyers on behalf of Bichi and Rano Emirate Council,
He objected to the application.
“It is an interruption to the pending motion, and should be rejected under order 39 sub 13, the joinder application is not ripe for hearing”
Responding Mr Ibrahim Mukhtar, the Attorney General of Kano State, Counsel to the Respondents, told the court that the motion on notice was not ripe for hearing because some of the parties involved were served with the preliminary objections filed by the plaintiffs this morning.
” The respondents are entitled to study and respond in seven days, so in the interest of justice and fair hearing the application is not ripe for hearing, we will like to reply in writing.
“We cannot use order 39 in the present situation on issues pending before the court, the timing is for the parties involved.
” The Bichi and Rano Emirates Council wants to join the suit, it is a constitutional right so that their opinion will be heard ”
Earlier, Barr. Yahaya Abdullahi, and Barr. Ma’aruf Kasim, Counsel to Bichi elders and Rano Emirate Council sort to be joined in the suit and filed a joinder application in respect of the elders and Indigenes of the two Emirates.
Justice Nura Sagir told the court that the joinder application is not ripe for hearing and adjourned until March.19, for the hearing of joinder application.
Sagir also adjourned the suit until Feb.27, for continuation of hearing of the interlocutory application.
The plaintiffs prayed for an interlocutory injunction restraining the respondents or privies from further giving effect to the purported Kano State Emirates Council law 2019 pending hearing in the motion on notice.
They further prayed the court to restrain the first, fourth, fifth, sixth, seventh, and eight respondents from convening the councils of chief or taking any steps.
They further prayed the court to restrain the Kano State Governor and his privies from continuing to give recognition or any decision in any way to the Emirs of Rano, Gaya, Bichi, and Karaye from parading themselves as emirs and maintenance of status quo.”
