New Emirate In Kano Files Application To Challenge Tofa Over Jurisdiction
Bichi and Rano Emirates in Kano State filed a fresh application before Kano chief judge, `Justice Nura Sagir, challenging the Kano Concern Elders’ prayers against the new emirate council laws.
In their separate applications, the communities are seeking an injunction to join suit with the concern elders before the court.
Former presidential candidate of the defunct National Republican Convention (NRC), Bashir Usman Tofa and 20 other prominent
citizens of Kano are already in court, challenging Governor Ganduje and nine others while seeking an interlocutory injunction to outlaw the new laws.
Before the interjection of the fresh suit, Justice Sagir had adjourned on 8th of January, 2020, to resume hearing on the originating application filed by the 21 Kano Concern Elders.
In their separate appearances before Justice Sagir, counsels to Bichi and Rano emirates, Aliyu Nassarawa and Yahaya Abdullahi respectively told the court of their willingness to join the suit as a critical interested party.
In a swift objection, counsel to the 21 elders, AB Mahmoud SAN, insisted the fresh application was not ripe for hearing since the court already fixed hearing on the pending originating application.
The senior lawyer who cited order 39 rule one of the courts, which stipulated limit and period new application could be heard in court, sought immediate rejection of the applications.
Responding, counsel to Bichi emirate Aliyu Nassarawa, who consented to the position of AB Mahmoud, however, demanded that the court should grant the hearing of the application in the interest of justice, a consideration AB Mahmoud immediately countered when he posited that “Justice is fundamental but must be applied according to law”.
After the argument, Justice Sagir ruled against the hearing of the joinders applications and stood same till 19th March 2020.
Meanwhile, proceeding on the interlocutory objection filed by Tofa and others, slated for hearing on Tuesday could not continue following the objection raised by attorney-general and Commissioner for Justice of Kano state, Ibrahim Muktar.
The attorney-general had filed preliminary objection during the last sitting, challenging the locus standi of the plaintiff and the court. The proceeding was also stalled as counsel to the 5th defendants told the court that he just received the reply of the plaintiff in court.
The counsel to the 5th defendant demanded to reply within the stipulated seven days. The presiding judge adjourned the originating matter till 27th February, 2020.
