Kano Assembly Wants Appeal Court to Take Emirate Case

In a new twist as each party tries to outwit the other, the Kano Assembly has asked the Court of Appeal in Kano to stay further proceedings pending the hearing of the Appeal before the Court.

This is coming ahead of the ruling of Justice Abdullahi Liman of the Federal High Court in Kano on a motion filed by Aminu Babba Danagundi, challenging the legality of the Kano Emirates Council (Repeal) Law 2024.

Justice Liman had scheduled ruling on the legality of the Kano Emirates Council (Repeal) Law 2024 for Thursday June 20, 2024, just after he dismissed an application for a stay of proceedings by Eyitayo Fatogun (SAN), representing the Kano State House of Assembly.

Dissatisfied, Kano State House of Assembly in Appeal No: CA/KN/26/2024 filed by its lawyer, Eyitayo Fatogun (SAN) is praying for an order of injunction, restraining the Respondents, their privies, servants or any other person or authority, deriving power, authority, rights or privileges from any of the respondents particularly the 1st, 4th 5th, 6th and 7th Respondents from enforcing or attempting to further enforce the repealed Kano State Emirate Council law, the law which is no longer extant pending the hearing and determination of the Appeal before the Court of Appeal.

The appellant also prayed the court to stay execution of all orders particularly the Exparte Order granted on the 23rd of May 2024 by the lower court pending the hearing and determination of the Appeal presently before the Court.

The respondents are Mr Danagundi, Kano State Government, Attorney General of Kano State, Commissioner of Police, Kano State Inspector General of Police, the Nigeria Security And Civil Defence Corps, and the State Security Service.

In its Motion on Notice brought pursuant to Sections 6 and 36 of the 1999 Constitution, Order 7 Rule 1 of the Court of Appeal Rules and under inherent jurisdiction of the court, the appellant prayed the court to take over the entire proceedings as there are conflicting orders of the Kano state High court and federal High Court on the same subject matter.

In its application for an urgent date, the appellant stated that the Federal High Court Kano on or about the 13th of June 2024, delivered its ruling in a suit filed for the Enforcement of the Fundamental Rights of Mr Dan’Agundi as it relates to the Kano State Emirate Council (repeal) Law 2024 made by the House of Assembly of Kano State and assented by the Executive Governor of Kano Stacie.

In the said ruling, Justice Liman held that the federal high court had jurisdiction in chieftaincy matters, and subsequently adjourned to the 14th of June 2024 for the hearing of the several applications filed by the applicant, particularly the application seeking to nullify the Kano State Emirate Council (repeal) Law 2024 made by the House of Assembly of Kano State and duly assented by the Executive Governor of Kano State.

The appellant further stated that “On the 13th day of June 2024, we immediately attempted to file our Notice of Appeal but was denied the opportunity by the Registry of the Federal High Court Kano on the ground that it was well after 2pm and they would not take processes anymore.