Ahead of the ruling of Justice Abdullahi Muhammad Liman of the Federal High Court in Kano on a motion filed by Aminu Babba Danagundi, the Sarkin Dawaki Babba challenging the legality of the Kano Emirates Council (Repeal) Law 2024, the Kano State House of Assembly has asked the Court of Appeal, sitting in Kano, to stay further proceedings pending the hearing of the appeal before the Court.
Justice Liman had scheduled ruling on the legality of the Kano Emirates Council (Repeal) Law 2024 for Thursday June 20, 2024, just after he dismissed an application for a stay of proceedings by Eyitayo Fatogun (SAN), representing the Kano State House of Assembly.
Dissatisfied, Kano State House of Assembly in Appeal No: CA/KN/ /26/2024 filed by its lawyer, Eyitayo Fatogun (SAN) is praying for an order of injunction, restraining the Respondents, their privies, servants or any other person or authority, and deriving power, authority, rights or privileges from any of the respondents particularly the 1st, 4th 5th, 6th and 7th respondents, from enforcing or attempting to further enforce the repealed Kano State Emirate Council law, which is no longer extant pending the hearing and determination of the Appeal before the Court of Appeal.
The Appellant also prayed the court to stay execution of all orders, particularly the Exparte Order granted on May 23, 2024, by the lower court, pending the hearing and determination of the Appeal presently before the Hon Court.
Respondents are, Aminu Babba Danagundi, the Kano State Government, the Attorney General of Kano State, the Commissioner of Police, Kano State, the Inspector General of Police, the Nigeria Security and Civil Defence Corps, and the Department of State Security Services.
In its Motion on Notice brought pursuant to Sections 6 and 36 of the 1999 Constitution, Order 7 Rule 1 of the Court of Appeal Rules, and under the inherent jurisdiction of the court, the appellant prayed the court to take over the entire proceedings as there are conflicting orders of the Kano State High Court and the Federal High Court on the same subject matter.
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 Stacie.
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 were denied the opportunity by the Registry of the Federal High Court Kano on the ground that it was well after 2pm and they would not take processes anymore.
“Of great interest is that the registry continued to take processes for filing in other matters that were not related to the above mentioned suit.
“We therefore filed the Notice of Appeal at the Court of Appeal Registry and filed along side an application for departure from the Rules.
“On the 14th of June 2024 , the Registry of the Federal High Court did not open till 9am 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 ruling is not yet ready.
“We compiled records with the documents we were served, though uncertified, but largely the documents filed by the plaintiff at the lower court and were given an appeal number as indicated above. We would certainly compile supplementary records shortly upon receipt of the proceedings and ruling.
“We consequently filed a motion for stay of proceedings or further proceedings before His Lordship.
“It may be of interest that your Lordship be informed that all these issues were brought to the attention of His Lordship. Hon. Justice A, M Liman, but in a short ruling today, refused an application for stay of proceedings despite becoming aware of the motion pending in the Court of Appeal”.
The appellant submitted that an appeal shall be deemed to have been entered in court when the Record of Proceedings in the court below has been received in the Registry of the Court.
“Where there is an application before a higher court for a stay of further proceedings in the lower court, a decision by the lower court that will render the result of such an application nugatory should be avoided.
“This unfortunate attitude of disregarding the process of the Court of Appeal bothers on judicial impertinence. It is an affront to the authority of the Court of Appeal. All the courts established under the Constitution derive their powers and ‘authority from the Constitution.
“His lordship went ahead to hear an interlocutory application seeking to nullify Kano State Emirate Council (repeal) Law 2024, which is the subject matter of the suit before My Lord.
“All entreaties, including Learned Silk, Eyitayo Fatogun SAN’s recusing himself and applying that the matter be adjourned so that the parties he was representing could get other legal representation fell on deaf ears as His Lordship went ahead with the hearing of the motion.
“The effect of the grant of the motion heard by My Lord, of the Federal High Court, when His Lordship delivers ruling on Thursday , June 20, 2024, is that the Emirate Council law as it is in force in Kano may be nullified.
“This will present the Court of Appeal with a fait accompli, as the appeal would have been rendered nugatory The motion which his Lordship is ruling on would have determined the substantive suit and there would be nothing to determine again.
“The Federal High court has determined the entire appeal based on jurisdiction, as the Hon Court has continued to assume jurisdiction It would set a bad precedent of lower courts to choose not to respect the decisions or proceedings of the Higher court
“The Federal High Court, with its disposition, might grant the orders prayed for and cause that the five Emirates and their Emirs , some of whom have left the state for peace to reign, would then have to return, causing chaos and uprising in the state
“The loss of lives which might be occasioned by the ruling may be rather too much, as the peace in the state may be breached
“It is in the interest of justice that the Court of Appeal take over the entire proceedings as there are conflicting orders from the Kano state High court and federal High Court on the same subject matter ‘
