Abdullahi Hassan, Zaria
Kaduna state high court sitting in Zaria today, dismissed application restraining governor Nasiru Ahmed El-rufai of Kaduna state from the coronation of the new Emir of Zazzau Alhaji Ahmed Nuhu Bamalli, slated for 9th Nov, 2020.
The Counsel to the plaintiff 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 for 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 Motio on notice.
In his ruling, the presiding judged Justice Kabiru Dabo, said that “ It is my humble firm view that due to important roles play by the traditional rulers in the society and the attendants ignominy and likely hood of breach of peace when someone who had been installed by government whether rightly or not, is substantially dethrone by an order of an injunction against him’’.
According to him, “Chieftaincy should in line with the reasoning and consistence attitude of the Supreme Court be given an accelerated hearing by our court and injunction of this should be utterly discouraged’’.
“I have to state that this chieftaincy stool is not a perishable right and the tenure tools is generally for life, there is no need for haste since longevity of office is assured’’.
He said “ In the circumstance of this case , I prefer making and order for accelerated haring 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 circumstance , accordingly, the sole issue raised for determination in this case is answered in negative.’’
Justice Dabo however, said “ 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 adjourned case to 18th November, 2020 for Pre- trial Conference.