Kano Emirship Tussle: Federal High Court has no jurisdiction on chieftaincy matters – Femi Falana
Kano Emirship Tussle: Federal High Court has no jurisdiction on chieftaincy matters – Femi Falana
Story from Uji A. ILIYASU
Human rights lawyer, Femi Falana, Wednesday, accused Justice Muhammed Liman of the Federal High Court, Kano, who delivered judgment on the current Kano emirship tussle of violating the Supreme Court rules.
Speaking in an interview on Arise TV, Falana said that the Supreme Court had ruled that federal high courts do not have jurisdictions on chieftaincy matters.
Describing the judgment as “a bit confusing,” the Senior Advocate of Nigeria (SAN) said the Supreme Court had issued two separate judgments limiting the powers of the Federal High Court on traditional institutions.
The human rights lawyer said that the judgments of the Supreme Court are binding on all authorities in the country.
Falana further said that the apex court had ruled that being a chief is not a fundamental right and issues of chieftaincy should not be entertained by a federal high court.
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“The order is a bit confusing. But what is important, which the learned judge did not address in his ruling, is the convenient way in which two solid judgments of the Supreme Court on the limitation of the power of the federal high courts to interfere in the affairs of traditional institutions.
“It can not be done via fundamental rights application. I listened to him, his lordship was talking about the need to respect the rule of law.
“In any country that loudly claims to pronounce and operate under the rule of law, the judgments of the supreme court are binding on all authorities.
“It is a mockery of the rule of law if the high court judge decides to ignore or overrule the judgments of the supreme court,” Falana said.
It could be recalled that Justice Muhammad Liman had on 20 June, nullified the decisions of Abba Yusuf, governor of Kano State, taken on 23 May 2024.
The judge held that the defendants were aware of an interim order previously granted by the court but ignored it and implemented the Kano Emirates Council Law 2024.
However, he ruled that his order did not affect the validity of the emirate law passed by the state House of Assembly.
Earlier on 23 May, Kano State governor announced the reinstatement of Muhammadu Sanusi II as Emir of Kano and the dethronement of Alhaji Aminu Ado Bayero.