ROW OVER JUDGMENT AS 2 LAY CLAIM TO SARKIN STOOL
A Kano High Court presided over by Justice Mohammed Sidi Matu has declined an application for a stay of execution in respect of its own judgment setting aside the removal of Alhaji Aminu Babba Dan Agundi as the Sarkin Dawaki Maituta and the district head of Gabasawa by the Emir of Kano, Alhaji Ado Bayero.
In its ruling in Kano Justice Mohammed Sidimatu held that, there is nothing more to add or to remove from the judgement he delivered on July 14, 2011, more so as the judgement is a declarative judegment.
He reminded the applicants that he has already become functus officio (Meaning that he has reached the final point of the case) while insisting that the proper place for the ventilation of any grievance(s) arising out of his July 14, 2011 judgment is the Court of Appeal.
It could be recalled that the Emir of Kano and the Emirate Council, through their counsels, had sought for an order of a stay of execution of the said judgment pending the hearing and determination of their appeal, which is currently before the Court of Appeal in Kaduna.
At the heart of the hearing is the determination of whether the current occupant of the throne of the Sarkin Dawakin Maituta and the district head of Gabasawa , Alhaji Bello Abubakar should vacate the position in the light of the July14 judgement which declared that the removal of his predecessor was unconstitutional. During the hearing, counsel to the Emir of Kano, Ibrahim Waru had drawn the attention of the court to the effect that the title of the Sarkin Dawakin Maituta, currently occupied by the second defendant's applicant, Alhaji Bello Abubakar is not a perishable item which would be damaged before the hearing and determination of the subsisting case at the Court of Appeal.
Stating that Alhaji Bello Abubakar has been living in peace with his people in his domain since 2004 when he was appointed to the position, he stressed that the immediate execution of the judgement of July 14, 2011, without giving the Emir of Kano and the Emirate Council an opportunity to exercise their constitutional right of appeal would create a situation where there would be two kings in the same palace.
He feared that such a situation might result in the breakdown of law and order, not only in Gabasawa district in the whole of the state. In his submission, the counsel representing the Alhaji Aminu Babba Dan Agundi , Kabiru Olawoye reminded the court that since it had set aside the removal of his client from office, the continued stay in office of his successor amounted to continuing an act of illegality.