Judge restrains parties from granting media interview
The Kano State emirship legal tussle took fresh dimension at the state High Court, yesterday, as counsel representing Aminu Ado Bayero, announced the withdrawal of their appearance.
The counsel, including two Senior Advocates of Nigeria (SANs) and seven junior lawyers, walked out of the court. Justice Amina Aliyu had refused to grant the oral application sought by the lead counsel, Abdul Mohammad (SAN), for an adjournment to enable the first respondent to file a counter-affidavit and response to the plaintiff’s originating summons.
Although the counsel did not disclose the reason for their decision, Justice Aliyu directed other parties to move their applications.
Kano Attorney General, House of Assembly Speaker and the Assembly (plaintiffs) are asking the court to order Bayero and four others to stop parading themselves as emirs.
At the resumed hearing of the matter, yesterday, Bayero’s lead counsel brought a notice of affidavit of fact before the court, notifying it of the appeal notice and stay of proceedings on the matter filed before the appellate court.
The senior lawyer, who cited various authorities to buttress a compelling argument, submitted that the court was expected to respect the rules on the stay of proceedings.
In a counter-argument, counsel to the plaintiffs, Eyitayo Fatogun (SAN), urged the court to discountenance the notice of affidavit of fact for lacking in merit. He insisted there was no evidence from the Court of Appeal to prove and/or warrant a stay of proceedings.
The plaintiffs’ counsel also cited relevant authorities and rules to back his objection, adding that the mere filing of an appeal should not prevent the court from hearing applications on the merit of a substantive suit. He urged the court to dismiss the notice.
Aliyu overruled the notice of affidavit of fact brought by Bayero’s counsel for lack of merit. She declared the affidavit of fact could not stand alone without a motion on notice, adding that the court would continue with the hearing of pending applications as directed.
At that point, Bayero’s counsel sought an adjournment to enable them to respond to the plaintiffs’ affidavit, a request that was refused by the court, which eventually led to the withdrawal of their legal representation.
Before passing his ruling, Justice Aliyu ordered counsels to both parties to stop granting media interviews on the matter. The court adjourned till July 18 to rule on all the applications.
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