A High Court in Kaduna State adjourned until Nov. 6, ruling in a suit filed by Alhaji Bashir Aminu, challenging the appointment of Ahmed Bamalli as the Emir of Zazzau.
Justice Kabir Dabo fixed the date, after Counsel to Aminu, Yunus Usman, moved the application for injunction.
Usman told the Court that the application was brought pursuant to order 36 rules eight of the High Court Civil Procedure Rules 2007 and Section six subsections six of the Constitution.
He added that the application was seeking an order of the court restraining the Governor of Kaduna state (the first defendant) from swearing in the emir and presenting him with the staff of office in Nov.9.
Usman prayed for an order for an interim injunction restraining the 11th Defendant, Bamalli from presenting himself to be sworn-in as the new emir of Zazzau, pending the hearing and determination of the motion on notice.
He said the application was accompanied by exhibits ‘A” and ”B” which contains a letter from Kaduna state government asking the kingmakers to proceed on the selection of new emir after the demise of the late emir.
He added the exhibits contained a letter to the Commissioner for Local Government and Chieftaincy Affairs intimating him that the King Makers had done their work.
He said there was a document that contains the names of the King Makers, minutes of meeting of the king maker; names of three persons who went to through the final screening exercise and the name of 11 defendants was not among the three names.
The application was opposed by Mr Idris Aliyu, Solicitor-General Kaduna State, and Counsel to Governor of Kaduna State first defendant; Balarabe Lawal, Secretary to Kaduna State Government second defendant.
Idris was also a counsel to Attorney General of Kaduna State who was sued as third defendant.
Mr Kenechukwu Azioyo, Counsel to the fourth defendant, Jafaru Sani (Commissioner for Local Government and Chieftaincy Affairs Kaduna State) opposed the application by the plaintiff.
Abdul Ibrahim, SAN, counsel to Zazzau Emirate Counsel (the fifth defendant) said in opposition to the plaintiff application, he filed and served a counter affidavit dated Oct. 30
He added that most of the documents and exhibits of the Plaintiff in the application did not complied to the provisions of Evidence Act and urged the court to dismiss the application.
Bamalli, Emir of Zazzau who was the 11 defendant similarly opposed the application through his counsel Mr Mahmud Magaji, SAN.
However, the Five King makers who were sued as 6th, 7th 8th 9th and 10 Defendants supported the interlocutory application by the plaintiff.
Mr Remi Adekunle Counsel to 6th, 8th, 9th and 10th Defendants said he was not objecting the application, similarly A.A. Akaz Counsel for the 7th told the court that he aligned himself with the position of the other king makers 6th, 8th, 9th and 10th Defendants .
NAN reports that the king makers sued as 6th, 7th 8th, 9th and 10th Defendants are Ibrahim Aminu (wazirin Zazzau); Alhaji Umar Mohammed (Fagacin Zazzau); Alhaji Muhammad Abbas (Makama Karamin Zazzau); Alhaji Dalhatu Kasim (Limamin Jumma’an Zazzau) Alhaji Muhammad-Sani Aliyu (Limamin Kona Zazzau)
Earlier, Mr Idris Umar, Permanent Secretary and Solicitor General of Kaduna state, counsel to 1st, 2nd and 3rd Defendants told the court that the state government has filed and served the plaintiff with its application to relist the case back to the Chief Judge of Kaduna state.
– Nov. 5, 2020 @ 16:15 GMT |