Posted by Samuel on Sun 16th Jun, 2024 - tori.ng
Danagundi’s lawyer, Chikaosolu Ojukwu, SAN moved the motion after the court refused an application for stay of proceedings orally moved by counsel for Kano State House of Assembly and its counsel, Eyitayo Fatogun, SAN.
Justice Abdullahi Muhammad Liman has scheduled Thursday, June 20, to deliver a ruling on a motion filed by counsel representing Aminu Babba Danagundi, the Sarkin Dawaki Babba. The motion seeks a declaration that the Kano Emirates Council (Repeal) Law 2024 is null and void.
Danagundi’s lawyer, Chikaosolu Ojukwu, SAN moved the motion after the court refused an application for stay of proceedings orally moved by counsel for Kano State House of Assembly and its counsel, Eyitayo Fatogun, SAN.
Fatogun had told the court that he was dissatisfied with the ruling of Thursday assuming jurisdiction in the matter, adding he has filed notice of appeal at the Court of Appeal and motion for stay of proceedings.
He urged the judge to adjourn in view of the processes filed pending hearing and determination of his application at the Court of Appeal.
Counsel to the Attorney-General of Kano State and the state government, A.G Wakil aligned himself with the position of Fatogun.
The applicant’s counsel however countered saying the authorities cited by the defence were not judicial decisions but rules of court.
Justice Liman ruled that from the acknowledged receipt letter of the defence counsel, it was clear that no date is fixed and there is no evidence that the appeal has been entered.
The judge held that the court will hear the pending application as there was no formal stay of proceedings application before it.
When the plaintiff’s counsel rose to move his motion seeking a declaration of the conduct of the defendants as null and void, counsel for the assembly Eyitayo Fatogun, and its speaker, Jibril Ismail Falgore applied to be recused from the matter asking for adjournment to enable his clients find another lawyer, a development, which the judge described as abuse of court process.
Counsel for the Kano government, AG Wakil opposed the plaintiff’s motion having filed his application for stay of proceedings arguing that if granted, the substantive case is over.
The plaintiff’s lawyer then withdrew his application to amend his originating motion dated 31/06/2024, which the judge struck out and adjourned to Thursday June 20 for ruling on the motion seeking the court declaration that the Kano Emirates Council (repeal) Law 2024 is null and void.