Ola Williams Abuja-
The Court of Appeal sitting in Abuja has ruled in favor of Mallam Muhammadu Sanusi II, the present Emir of Kano, in a case brought against him by the 15th Emir of Kano, Aminu Ado Bayero.
The appellate court struck out Bayero’s fundamental human rights suit, declaring that the Federal High Court lacked jurisdiction to entertain matters related to chieftaincy disputes.
Delivering its judgment on Friday, January 10, 2024, the Court of Appeal described Bayero’s suit as lacking merit and insufficient to withstand legal scrutiny.
The court emphasized that the claims were centered on chieftaincy matters, which fall outside the scope of fundamental rights enforcement procedures.
“This issue cannot be raised in a fundamental right enforcement procedure,” the court declared, adding that the reliefs sought by Bayero were aimed at challenging the power of the legislature to make laws.
The appellate court further ruled that under Section 251 of the 1999 Constitution (as amended), the Federal High Court has no authority over chieftaincy issues, which are within the jurisdiction of state high courts. Citing the precedent set in “Tukur vs Governor of Gongola State”, the court criticized the Federal High Court for failing to adhere to Supreme Court decisions and misinterpreting the jurisdictional boundaries.
“The Federal High Court had no business whatsoever interfering in matters related to the Kano State Emirate Council law,” the Appeal Court stated. It resolved the case in favor of Emir Muhammadu Sanusi II, concluding that Bayero’s claims were fundamentally flawed.
This ruling reaffirms the legal principle that disputes related to traditional titles and chieftaincy laws are strictly state matters and cannot be adjudicated in federal courts.
