The Court of Appeal sitting in Abuja, on Friday, nullified two judgments delivered by the Federal High Court in Kano and the Kano State High Court in the ongoing legal battle over the Kano Emirate. The dispute involves Ado Bayero, Sanusi Lamido Sanusi, and the Kano State Government regarding the rightful holder of the Emir of Kano title.

In a split decision of two justices to one, the appellate court ruled that the Federal High Court lacked jurisdiction to adjudicate on the chieftaincy matter. Justice Gabriel Omoniyi Kolawole, who delivered the lead judgment, ordered that the case be remitted to the Kano State High Court for proper adjudication.

However, Presiding Justice Mohammed Mustapha and another panel member disagreed, ruling that the Federal High Court’s involvement should be struck out entirely. They emphasized that cases involving chieftaincy disputes fall exclusively within the jurisdiction of state high courts.

Justice Abubakar Liman of the Federal High Court had earlier nullified the steps taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi as the 16th Emir of Kano. The appellate court declared Justice Liman’s judgment invalid, stating it was made without jurisdiction.

The Court of Appeal also nullified the judgment of the Kano State High Court delivered on July 15, 2024, citing a breach of fair hearing. Justice Mohammed Mustapha, delivering the majority decision, noted that Ado Bayero was denied the opportunity to present his case after his counsel withdrew from the matter. The court failed to issue Bayero a hearing notice, which violated his rights to a fair trial.

The appellate court described the Kano High Court’s proceedings as a “travesty of justice” and criticized the handling of the case as a “shoddy arrangement.”

  1. Federal High Court: The proceedings were struck out entirely for lack of jurisdiction.
  2. Kano High Court: The case was remitted to the Chief Judge of the Kano State High Court for reassignment to another judge for expeditious determination.
  3. Fair Hearing: The appellate court upheld that Bayero’s right to a fair hearing was breached, rendering the lower court’s judgment null and void.

The rulings by the Court of Appeal highlight the importance of adhering to jurisdictional boundaries and protecting litigants’ rights to a fair trial. Justice Mustapha emphasized that courts must ensure justice by providing equal opportunities for all parties to present their cases.

With this victory, Emir Sanusi’s leadership and authority have been further solidified, bringing an end to the prolonged legal drama.

The people of Kano are celebrating this victory, not just for Emir Sanusi, but also for the integrity of the state’s traditional institutions.

The court’s decision is expected to allow Emir Sanusi to continue leading the Kano Emirate without further challenges.

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