The President of the Nigerian Bar Association (NBA), Yakubu Maikyau, has expressed deep concern over the role of some lawyers and judges in the issuance of conflicting injunctions regarding the ongoing Kano Emirate crisis.
Two courts in Kano State have issued contradictory interim injunctions concerning the tussle for the royal stool. Justice S. A. Amobeda of the Federal High Court in Kano on Tuesday ordered the eviction of the reinstated emir, Alhaji Muhammadu Sanusi II, from Gidan Rumfa palace.
However, Justice Amina Adamu Aliyu of the Kano State High Court issued a separate order restraining the police, the State Security Services (SSS), and the Nigerian Army from evicting, harassing, or arresting Sanusi.
Sanusi and the 15th Emir of Kano, Aminu Ado Bayero, are embroiled in a fierce battle for the throne, which has ignited protests from their supporters in Kano.
Reacting to these developments, Maikyau, a Senior Advocate of Nigeria (SAN), issued a statement on Wednesday expressing his dismay over the actions of both counsel and judges involved in these cases.
He emphasized the need for an urgent review of the professional conduct of those involved.
Maikyau said: “I must say, without any equivocation, that the conducts of counsel and the courts in the handling of the proceedings which culminated in the orders issued by the Federal High Court, the Kano State High Court, and again the Federal High Court, in circus, have brought utter disgrace and shame to the profession.
They have exposed the entire legal profession in Nigeria to public ridicule and opprobrium.”
He further lamented the damage done to the profession, stating, “The damage is one that would take the legal profession a long time to recover from. It is unfortunate and was totally uncalled for.”
Maikyau called on the respective heads of the courts to investigate the conduct of the judges and report their findings to the National Judicial Council (NJC) for necessary action.
He also highlighted the clarity of the subject matter at hand, which has been sufficiently addressed by legislation and case law.
“Without prejudice to the subsisting actions before both the Federal High Court and the Kano State High Court, it is my considered view that there is an urgent need to scrutinize the professional conduct of both counsel and the judges involved in these matters,” Maikyau said.
“This is to enable the relevant bodies or institutions to determine their culpability or otherwise, from an ethical and professional standpoint.”
He urged the respective heads of the courts to look into the conduct of the judges with a view to identifying any possible abuse of their judicial offices and to file a report with the NJC.
Additionally, Maikyau stated that the NBA would investigate the conduct of the involved counsel and commence disciplinary action if any professional misconduct is found.
“The Chairman of the NBA Ethics and Disciplinary Committee has accordingly been directed to invite these counsel for preliminary investigations,” Maikyau added.
“While the NBA shall continue to stand for and protect the integrity, welfare, and independence of the Bar and the Judiciary, we shall not hesitate to call out any judge or counsel who engages in any conduct that is capable of bringing the legal profession to disrepute.”
