The Federal High Court in Kano will today deliver rulings in the suit seeking to determine the validity of the Kano Emirates Council Repeal Law 2024.
The law was used by the state governor, Abba Kabir Yusuf, to dethrone the 15th Emir of Kano, Aminu Ado Bayero, and also to reverse the creation of four emirates, Bichi, Rano Karaye and Gaya, by his predecessor, Dr. Abdullahi Umar Ganduje.
The judge, Justice Abdullahi Muhammad Liman, after hearing his motion on Friday last adjourned to today for ruling on the plea.
The judge will also deliver a ruling on a motion for stay of proceedings filed by A.G. Wakil, counsel for the State Attorney General and Kano State Government, who were joined as respondents in Danagundi’s suit.
Similarly, at the last sitting, Eyitayo Fatogun (SAN), the counsel for the State House of Assembly and its speaker, informed the court that he had filed a notice of appeal at the Court of Appeal, urging the court to stay proceedings.
The judge, however, ruled that there was no evidence that the appeal has been entered and no application for stay has been filed before the court.
The Court of Appeal has not fixed a date for hearing the appeal filed before it.
It was gathered that this was largely because no quorum was formed for the justices of the appellate court to sit and hear the matter. While it could not be ascertained why the quorum for the justices could not be formed, sources told Daily Trust that this might be connected with the three-day holidays declared by the federal government for last Wednesday and this week Monday and Tuesday.
But court documents seen by our correspondent yesterday revealed that the appellants (the State House of Assembly and its Speaker) filed a notice of appeal, a motion for stay, a record of proceedings, and a motion for departure from the rules on June 13.
On Friday, June 14, the appellants filed a motion ex parte and affidavit of urgency, but the appellant’s brief was filed on June 19.
It will be recalled that on June 13, the Federal High Court in Kano ruled that it had jurisdiction over the chieftaincy matter and scheduled further hearings, after which the appellants attempted to file an appeal immediately but were said to have faced delays at the court registry.
The appellants filed their Notice of Appeal at the Court of Appeal registry and sought an urgent stay of proceedings at the lower court.
The appellants are seeking an order allowing the appeal and dismissing Danagundi’s suit for want of jurisdiction. The appellants also asked the appellate court to set aside the ruling of the Federal High Court delivered on June 13, assuming jurisdiction in the matter.
The appellants contended that the judge erred in law when the court assumed jurisdiction in the matter, which, according to them, is related to and bordering exclusively on chieftaincy matters outside the provision of Section 251 of the 1999 Constitution as amended.
It will also be recalled that the state House of Assembly had passed the Emirates Council Repeal Bill on May 23, which was assented to by Governor Yusuf the same day.