Row over judgment as 2 lay claim to Sarkinstool

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.