Legal representatives of the deposed Emir of Kano, Alhaji Aminu Ado Bayero, in the ongoing Kano emirate tussle have withdrawn their services in the case before the State High Court.

The action by the legal representatives is to show their dissatisfaction on a ruling earlier by the Court not granting stay of proceedings in the matter.

When the matter came up for hearing, counsel to the first respondent, Abdul Muhammed, SAN, told the court that there is an affidavit of fact, it has a motion of appeal and notice of stay of proceedings in the registry.

“When a judge of a high Court is aware of application in a higher court, the notification in the dependency in the lower court must be in affidavit of facts. It is expected that at a trial court should stop the hearing on the matter pending the hearing and determination of the motion on notice.”

Muhammed urged the court to stay the proceedings pending the hearing and determination of the motion on notice.

He told the court that they were served with the court processes on Thursday morning.

He sought an adjournment that would enable them to respond but the court refused his prayers.

He therefore announced his withdrawal of service from the case.

Also a member of the team, Barrister Sanusi Musa. SAN, announced on behalf of the other counsels for the first respondent, their withdrawal from the case.

He told the court that, “myself and other counsels apply for the withdrawal of our representation and appearances.”

On their part, counsel to the third, fourth and fifth respondents, Hassan Tanko Kyaure, told the court that they have filed an application for an extension of time dated July 2 and counter affidavit in response to the originating motion.

Kyaure urged the court to set aside the Kano State emirates council repealed law as due process were not followed and urged the court to dismiss the application with the cost of N1 billion.

Counsel to the sixth respondent, Sunday Ekwe, told the court that they have nothing to present so they left everything to the discretion of the Court.

Counsel to the applicant, Eyitayo Fatogun, urged the court to discountenance the motion of affidavit of facts pursuant to order 39 rule 1 and 2 of the Court.

Counsel to the applicant, Eyitayo Fatogun, urged the court to discountenance the motion of affidavit of facts pursuant to order 39 rule 1 and 2 of the Court.

“The motion refers to a proposed notice of appeal not a notice of appeal. The filing of notice of appeal does not guarantee the stay of proceedings. It shows that the affidavit of facts is just to delay the proceedings. My lord the business of today is for the hearing of all pending applications.”

He urged the court to dismiss the third, fourth and fifth respondents application on the issue of repealed law because the issue is not before the Court.

Earlier in her ruling, the Judge, Justice Amina Adamu Aliyu, refused to grant the application for the stay of proceedings.

The affidavit is unknown to the rules of Court. The respondent did not disclose any special fact to warrant any stay of proceedings.”

She therefore adjourned the case to July 18 to rule on the applications of extension of time, notice of preliminary objection, setting aside exparte order, joinder application, examining deponent, application for the judge to recuse herself and originating summon.

Reports indicate that the applicants are the Attorney General of Kano State, Speaker Kano State House of Assembly and Kano State House of Assembly, through their counsel Ibrahim Isah Wangida Esq, filed a motion exparte dated May 27.

Daily Trust

The Kano State Government has reaffirmed its determination to providing befitting and well- equipped public libraries across the 44 Local Government areas of the state .

The Acting Executive Secretary of Kano State Library Board, Malam Suleiman Hodi Adamu Disclosed this during an interview with Journalists in his office .

He said the aim of the project is to revive the culture of reading and research among students and researchers with a view to enhance effective learning process.

Malam Adamu maintained that the agency had conducted a tower to public library facilities in 23, out of the 44 local government areas of the state.

According to him, the tour was part of effort of the state government to revive the existing public libraries and put to use for further development of education in the state.

The Acting Executive Secretary said at the end of the tower the agency would submit a report to the Ministry of Education with a view to fine-tune modalities of the possibility of establishing public libraries across all the 44 local government areas of the state.

He reaffirmed the commitment of the present administration in uplifting the standard and quality of education geared towards having a bright future of youths.

“The Kano state government had supported our board to conduct an inspection tour to our existing public libraries in 23 Local Government areas.

“We went there with a view to revive them and out to use. This project will indeed revive reading culture among our students.

“It will also help our researchers to conduct research and our youths would learn how to research. In fact, the overall benefits of this project is to further enhance the quality of education in our dear state.

“Kano state government, under the able leadership of Governor Abba Kabir Yusuf is ready to support any initiative and moves towards education development in the state,” he said.

Adamu disclosed that “the board would submit the report to the Ministry of Education with a view to fine-tune modalities and see the possibility of establishing public libraries, not only in the 23 local governments but across the entire 44 Local Government areas of the state,”

A Federal High Court sitting in Kano and presided over by Justice Simon Amobeda, has given 48 hours deadline to two Kano Judges, Justice Farouk Lawan Adamu and Justice Zuwaira Yusuf appointed by Kano State Governor, Abba Yusuf to serve as Chairman of Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman of Judicial Commission of Inquiry to investigate Political Violence and Missing Persons respectively, to resign their appointments.

Justice Simon Amobeda gave the order while delivering his judgment in case instituted by former governor, Abdullahi Ganduje seeking the court to stop Governor Yusuf from probing his administration.

Justice Amobeda said failure by the judges to comply with the 48-hours deadline, the National Judicial Council (1st Defendant) shall stop forthwith, the payment of any remuneration, allowances and benefits meant for judicial officers from the Consolidated Revenue Fund of the Federation to the Judges.

He said the judges should desist from performing executive functions assigned to them by the Governor of Kano State in Court rooms meant to adjudicate disputes between persons and authorities in Kano State.

Justice Amobeda further said the action by the Governor to set up the commission of inquiries to investigate Ganduje without appealing an earlier court judgment by Justice A. Liman declaring that Ganduje can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), amounts to abuse of office and undermining the sanctity of the judiciary.

According to him, “That, by the combined provisions of Sections 153(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999, CFRN, 1999 (as altered), Paragraph 21(d) of Part I of the Third Schedule Constitution of the Federal Republic of Nigeria, 1999 (as altered)and sections 1, 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, the Governor of Kano State has no power to appoint the 4th and 5th Defendants and administer another Oath of Office on them to serve as Chairmen of Commission of Inquiry constituted by the Governor of Kano State, an office meant for Commissioners of Kano State Government in order to exercise executive powers assigned to them by the Governor of Kano State and stop them from performing their functions as Judges of the High Court of ! Kano State, without recourse to the 1 Defendant.

“That, by the combined effects of the provisions of Sections 6, 84, 153(1)(1), 271(2), 272 together with Paragraph 21(c) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the 4th and 5” Defendants are not legally permitted, while still purporting to hold the Office of Judge of High Court of Kano State, to accept appointments as Chairmen of Commissions of Inquiry with quasi-judicial powers equivalent powers to that of a Magistrate Court and subject to review by a Judge of the High Court of Kano State.

“That, by the combined effect of Sections 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered), the action of the Governor of Kano State of appointing the 4th and 5th Defendants as Chairmen of the Commissions of Inquiry pursuant to the provision of Sections 3 and 6 of the Commission of Inquiry Law, Cap. 26, Laws of Kano State, instead of appointing from amongst the Commissioners of Kano State Government is an encroachment into and undermining the judicial arm of government, a breach doctrine of of the separation of powers, a grave violation of the Constitution, and gross misconduct on the part of the Governor of Kano State and the 3rd Defendant who administered the Oath of Office and Oath of Allegiance to the 4th and 5th Defendants.

“That, by the combined effect of the provisions of Sections 5, 6, 84 and 271 of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and Paragraph 21(c) of Part I of the Third Schedule thereof as well as the provision of the Preamble and Rule 3.7 of Revised Code of Conduct for Judicial Officers of the Federal Republic of Nigeria, issued by the 1 Defendant, the 4th and 5th Defendants, having accepted an executive appointment as Chairmen of Commissions of Inquiry, abandoned their judicial functions and turned their Court rooms to a place of performing executive function assigned to them by the Governor of Kano State, cannot simultaneously continue to hold office as Judges of the High Court of Kano State and cannot be entitled to salaries and allowances of Judicial officers, as fixed by the 2nd Defendant and being paid by the 1 Defendant.

“That, in view of the decision of this Honourable Court coram: Hon. Justice A.M. Liman in Suit No.FHC/KN/195/2023 (Between Dr. Abdullahi Umar Ganduje v. Nigeria Police Force & Ors) delivered on 5th day of March, 2024 declaring that the Plaintiff herein can only be investigated by the Economic and Financial Crimes Commission (EFCC) or the Independent Corrupt Practices Commission (ICPC), it is an abuse of office and undermining the sanctity of the judiciary for the Governor of Kano State to set up a Commission of Inquiry which is inferior to this Court to purport to investigate the administration of the Plaintiff.

“That, the 4th and 5th Defendants, being serving judicial officers shall respectively resign from the appointment as Chairman of Judicial Commission of Inquiry for the Recovery of Misappropriated Public Properties and Assets, and Chairman of Judicial Commission of Inquiry to investigate Political Violence and Missing Persons respectively, and shall desist forthwith, from performing executive functions assigned to them by the Governor of Kano State in Court rooms meant to adjudicate disputes between persons and authorities in Kano State.

“That, where the 4th and 5th Defendants fail to comply with this Order within 48 hours of its service on them, the 1st Defendant shall stop forthwith, the payment of any remuneration, allowances and benefits meant for judicial officers from the Consolidated Revenue Fund of the Federation to the 4th and 5th Defendants while they are still holding office as Chairmen of Commissions of Inquiry,” Justice Amobeda stated.

The court however, disagreed with the argument of the plaintiff’s counsel that the judges cease to be judicial officers by accepting to be members of the Judicial Commission of Inquiry.

Meanwhile, respondents in the suit are: National Judicial Council (1st Defendant), Revenue Mobilization Allocation And Fiscal Commission (2nd), Attorney-General Kano State (3rd), Hon. Justice Farouk Lawan Adamu and Hon. Justice Zuwaira Yusuf as 4th and 5th defendants respectively.