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A Kano High Court yesterday affirmed the validity of an ex parte order restraining the state government from taking further action on appointment and inauguration of four new emirate councils in the state.
Justice Nasiru Saminu had earlier dismissed the oral application filed by former Kano State Attorney General and Commissioner for Justice, Ibrahim Muktar, on behalf of government, seeking the court to vacate the ex parte order issued on May 10, 2019.
It had directed Governor Abdullahi Umar Ganduje, Speaker, House of Assembly and four other defendants not to tamper with the existing Kano emirate council, which recognised Emir Muhammadu Sanusi as the only Emir in Kano.
A former Minority Leader of the House of Assembly, Rabiu Sule Gwarzo had obtained the motion on notice after filing a petition against the six respondents to stop any action or inaction that may lead to implementation of the newly established laws on appointment and deposition of emirate council 2019 (as amended).
On resumption of the case for hearing, Muktar cited order 39 rule 3 and 4 of the court, which stipulated seven days for an order and power of the court to extend same for another seven in the interest of justice.
He stressed that the leave of the order as spent over 20 days therefore demanding the lordship to vacate the motion.
“We urged the court to vacate the motion of the ex parte order because from the day it was granted it has over stayed. We are also surprised that the petitioner had not moved or filed any motion in this regard.
“We also want to draw the attention of your lordship to the subsisting ruling of the high court of Kano on the same subject matter where similar application made but the court refused the application. We, therefore, believe there is no reason for keeping the order,” Muktar said.
But in his preliminary objection to Muktar’s plea, lead counsel to the plaintiff, Lateef Fagbemi (SAN), faulted the oral application moved by one of the defendants’ counsel, insisting that such precedence contravenes the rules of court.
Fagbemi, who led four other Senior Advocates of Nigeria (SANs), sought leave of the court to disregard reference to Justice A.T Gbadamasi’s judgement, noting that the order was not binding.
Ruling on the matter, Justice Saminu insisted that the May 15, 2019 order remained valid until the motion is determined and adjourned the case to July 15, 2019 for hearing of all applications.
