Kano Emir suit stalled as govt unable to serve Ado-Bayero
By Jeffrey Agbo
Kano State High Court could not continue hearing on Tuesday in the case of the emir seat over lack of service of court processes.
The police were 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 of Kano State House of Assembly and Kano State House of Assembly, through their counsel Ibrahim Isah-Wangida Esq, filed a motion ex parte 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 Ado-Bayero, Emir of Bichi, Nasiru Ado-Bayero; Emir of Karaye, Ibrahim Abubakar ll; Emir of Rano, Kabiru Muhammad-Inuwa; and Emir of Gaya, Aliyu Ibrahim-Gaya.
Others are the Inspector-General of Police, Director of the Department of State Services (DSS), the Nigeria Security and Civil Defence Corps and Nigeria Army.
When the case came up for hearing, Counsel to IGP, Abdulsalam Saleh, told the court that all attempts made to serve the first to the fifth 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.
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“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 sixth 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?”
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 first, second, third, fourth, and fifth 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.
Kano State House of Assembly on May 23 dissolved all the four newly created emirate council’s in the state and Governor Abba Kabir-Yusuf, reappointed Lamido Sanusi, as the Emir of Kano.