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Politics

Appeal Court Bars Federal High Court From Kano Emirate Case

Court of Appeal Abuja.webp

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The Court of Appeal in Abuja has barred the Federal High Court in Kano from presiding over the legal dispute surrounding the Kano Emirate, ruling that the federal court lacks jurisdiction to handle matters of chieftaincy in Kano State.

In a split decision delivered on Friday, two out of three justices on the panel held that the Federal High Court had overstepped its boundaries by entertaining the case.

Justice Gabriel Omoniyi Kolawole, who delivered the lead judgment, stated, “The Federal High Court has no business adjudicating over chieftaincy matters. Such issues are under the exclusive purview of state high courts.”

Naijaonpoint gathered that Justice Kolawole, directed that the matter be returned to the Kano State High Court for reassignment to a judge competent to handle such disputes.

However, the Presiding Justice, Mustapha Mohammed, and one other justice disagreed with Kolawole’s order to remit the case to the Kano Chief Judge for reassignment.

The two justices argued that the proper course of action was to strike out the case entirely.

“Given that the Federal High Court lacked jurisdiction from the onset, the proceedings should not be remitted but struck out,” the majority ruled.

The ruling comes after the Court of Appeal in Abuja directed a fresh hearing in the legal tussle over the Kano Emirate involving Ado Bayero and Muhammadu Sanusi II, citing procedural lapses in the initial trial.

Delivering the lead judgment on Friday, Justice Mohammed Mustapha declared that the Kano High Court acted unfairly by failing to serve Muhammadu Sanusi a hearing notice, effectively denying him the opportunity to present his case.

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