Abdullahi Hassan, Zaria
A Kaduna state high court sitting in Zaria on Friday, dismissed the application seeking to restrain Governor Nasir Ahmed El-rufai of Kaduna state from installing the new emir of Zazzau, Alhaji Ahmed Nuhu Bamalli, at a coronation ceremony slated for 9th Nov, 2020.
Counsel to the plaintiff in the case, Ustaz Yunus Usman, SAN had earlier requested in his application dated that 16 October 2020, for an order of interim injunction restraining the governor of Kaduna state from installing, crowning, recognizing and dealing with any person whosoever as emir of Zazzau.
He also sought an order to stop the governor from performing any ceremony for the purpose of installing any person as emir of Zazzau pending the hearing and determination of the motion on notice.
The application also requested for an order of interim injunction to restrain Ambassador Ahmed Nuhu Bamalli from parading himself as the emir of Zazzau pending the hearing and determination of the motion on notice.
In his ruling, the presiding judge, Justice Kabiru Dabo, said that “It is my humble firm view that due to important roles played by the traditional rulers in the society and the attendant ignominy and likelihood of breach of peace when someone who had been installed by government whether rightly or not, is substantially dethroned by an order of an injunction against him’’.
According to him, “Chieftaincy should in line with the reasoning and consistent attitude of the Supreme Court to be given an accelerated hearing by our court and injunction like this should be utterly discouraged’.
“I have to state that this chieftaincy stool is not a perishable right and the tenure stool is generally for life, there is no need for haste since longevity of office is assured. In the circumstance of this case , I prefer making an order for accelerated hearing or trial than granting an injunction order sought by the plaintiff application because the justice of the case will be better met and order is more convenient to make in the circumstance , accordingly, the sole issue raised for determination in this case is answered in negative.’’ Justice Dabo stated that “ the relief presented in the motion on notice dated 16th October, 2020, is dismissed in its stead and order for accelerated hearing is granted’’. He added that “ the substantive suit is adjourned for pre-conference and at the pre-conference all preliminary objections will be taken’’. The court thereafter adjourned the case to 18th November, 2020 for pre- trial conference.
It will be recalled that one of the contestants, Alhaji Muhammadu Bashari Aminu, Iyan Zazzau, had dragged the Governor of Kaduna State, Emir of Zazzau, five kingmakers, Secretary to the State Government and Commissioner for Chieftaincy Affairs to court challenging the appointment of Ambassador Ahmad Nuhu Bamalli as the new emir of Zazzau.