Kano State House of Assembly has urged the Court of Appeal to stay further proceedings on a motion filed by the Sarkin Dawaki Babba, Aminu Danagundi, challenging the legality of the state's Emirate Council (Repeal) Law 2024 pending the appeal's hearing.
The lawmakers also asked the appellate court sitting in Kano 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.
Justice Mohammed Liman of the Federal High Court in Kano assumed jurisdiction on June 13 and fixed June 20 for ruling on the legality of the Kano Emirates Council (Repeal) Law 2024.
But dissatisfied with the decision, the Kano State House of Assembly in Appeal No: CA/KN/ /26/2024 filed by its lawyer, Eyitayo Fatogun (SAN), prayed for an order of injunction restraining the respondents from enforcing or attempting to enforce further the repealed Kano State Emirate Council law, the law which is no longer extant pending the hearing and determination of the Appeal before the Court of Appeal.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 is further asking the court to stay the execution of all orders, particularly the ex-parte order granted by the lower court on May 23, 2024, pending the hearing and determination of the Appeal.
The respondents are Alhaji Danagundi, the Kano State government, the Attorney General of Kano State, the police commissioner, the inspector-general of police, the Nigeria Security and Civil Defence Corps, and the Department of State Services (DSS).
In its application for an urgent date, the appellant stated that the Federal High Court, Kano, on or about June 13, 2024, delivered its ruling in a suit filed for the Enforcement of the Fundamental Rights of a King Maker as it relates to 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.
In the said ruling, the Hon Court, in its wisdom, held that it had jurisdiction in a chieftaincy matter 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 2 pm and they would not take processes anymore.
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"Of great interest is that the registry continued to take processes for filing in other matters unrelated to the suit mentioned above.
"We, therefore, filed the notice of Appeal at the Court of Appeal registry and applied for departure from the rules.
"On June 14, 2024, the Registry of the Federal High Court did not open till 9 am due to hostility and fear of collecting processes from us for filing. We also applied for the ruling of the 13th day of June 2024, assuming jurisdiction, but as suspected, the verdict is not yet ready.
"We compiled records with the documents we were served, though uncertified, but essentially, the documents filed by the plaintiff at the lower court were given an appeal number as indicated above. We certainly would compile supplementary records shortly after receiving the proceedings and ruling.
