Sanusi vs Ado-Bayero: Kano Emirship tussle stalled

Lack of Service of court processes on Tuesday, stalled hearing in the Kano emirship tussle in a Federal High Court.

The Kano State Commissioner of Police was unable to serve the 15th emir of Kano Aminu Ado-Bayero and four others court papers.

The applicants in the matter 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.

The applicants are seeking the court to restrain Ado-Bayero, and four other dethroned emirs of Bichi, Rano, Gaya and Karaye from parading themselves as emirs.

The respondents are: Alhaji Ado-Bayero, Alhaji Nasiru Ado-Bayero Bichi emir, Dr Ibrahim Abubakar ll, emir of Karaye, Alhaji Kabiru Muhammad-Inuwa, emir of Rano and Alhaji Aliyu Ibrahim-Gaya, emir of Gaya.

Others are the Inspector-General of Police, Director of the  State Security Service, the Nigeria Security and Civil Defence Corps and Nigeria Army.

When the case came up for hearing, Counsel to I-G, Mr Abdulsalam Saleh, told the court that all attempts made to serve the first to the 5th respondents  failed.

“My lord we filed an affidavit of service. We have did our best to ensure service was made on all the five emirates but could not get to them.

“There was an order from the Federal High Court restraining the police from arresting, intimidating or harassing the respondents that was why we could not serve them” Saleh said

Counsel to the applicants, Eyitayo Fatogun SAN, applied for another date to enable them file all necessary applications for service on the respondents.

Justice Amina Adamu-Aliyu, said:” the 6th respondent could not have refused to serve the respondents because there is an order stopping them from arresting or intimidating the five Emirates.

“As far as the law is concerned, you are only serving them papers, the earlier order can not stop you.

“How can you give protection to the first respondent and say you were unable to serve him” Adamu-Aliyu said

She adjourned the matter until June 24, for hearing in the motion on notice.

The court had on May 27, granted an order of interim injunction restraining the the 1st 2nd, 3rd, 4th & 5th respondents by themselves, servants, privies, from parading themselves as Emirs in the interest of peace in Kano.

The court also ordered that the five emirs be served through the office of the Kano Commissioner of  Police.

The House of Assembly on May 23, dissolved all the four newly created Emirate council’s in the state and Gov. Abba Kabir-Yusuf, reappointed Lamido Sanusi, as the Emir of Kano.