The Court of Appeal, Abuja Division, on Friday nullified judgments delivered by both the Federal High Court in Kano and the Kano State High Court over the ongoing Kano Emirate legal dispute involving Ado Bayero and Mohammed Sanusi.
The appellate court, in a split decision of two justices to one, barred the Federal High Court from adjudicating on the case, citing lack of jurisdiction. Justice Gabriel Omoniyi Kolawole, who delivered the lead judgment, held that Kano State Chieftaincy matters are exclusively within the jurisdiction of the Kano State High Court.
While Justice Kolawole ordered the case to be remitted to the Kano State High Court for proper adjudication, Presiding Justice Mohammed Mustapha and another panel member disagreed, ruling instead that the Federal High Court proceedings be struck out entirely for lack of jurisdiction.
The Court of Appeal also ruled that the Kano State High Court’s proceedings in the case were a violation of fair hearing principles. Justice Mustapha, delivering the majority decision, criticized the Kano High Court for failing to serve hearing notices to Ado Bayero and Mohammed Sanusi, effectively denying them the opportunity to present their cases.
The appellate court described the lower court’s judgment as a “travesty of justice” and emphasized that ensuring fair hearing is fundamental to judicial proceedings.
The appellate court issued the following orders:
The rulings highlight the importance of jurisdictional boundaries and the protection of litigants’ rights to a fair hearing. Justice Mustapha emphasized that all courts must ensure justice by giving all parties equal opportunities 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.