Kano state government has been advised to desist from carrying on with its bid to establish four new emirate councils and appointing first class emirs to the councils, as the action is clearly subjudice.
Judicialsketch.com reported earlier that the state executive council had approved amendment to the Emirs (Appointment and Deposition) Law of Kano state, resulting in a bill that provides for the establishment of additional four new emirates in the state.
Dikko & Mahmoud, the law firm representing plaintiffs in suits No K/197/2019 (Madakin Kano & 3 Others V Speaker Kano State House of Assembly & 7 Others) before a Kano state High Court presided over by Justice A. T. Badamasi, in a letter signed on December 3 and served on the Attorney General of Kano state Wednesday (December 4) drew the attention of the government to the fact that the action was prejudicial.
“We would like to respectfully draw the attention of His Excellency to the fact that the subject matter of the Bill under consideration is currently being litigated on in the above referred to suit”, the letter said.
The letter equally said the plaintiffs were categorically “challenging the powers of Kano State House of Assembly and that of the Governor to make any law concerning the creation of new emirates in Kano State”, because both are parties in the pending suit and are represented by counsel”.
The lawyers asked Kano State House of Assembly to “stay further deliberation concerning the ‘Emirs (Appointment and Deposition) Amendment Bill 2019’ … pending the final determination of suit No. K/197/2019”, saying the matter does not call for any urgency that would warrant jumping the gun.
“The court should be allowed to resolve the matter in line with the constitution which permits aggrieved citizens to approach our Courts for redress.”