Appeal Court Bars Federal High Court From Kano Emirate Case
Posted byBy LegalLinkz
January 10, 2025
2 Min Read
The Court of Appeal in Abuja has ruled that the Federal High Court in Kano lacks jurisdiction to preside over the legal dispute concerning the Kano Emirate. The court declared that matters of chieftaincy fall exclusively within the purview of state high courts.
In a split decision delivered on Friday, two out of the three justices on the appellate panel held that the Federal High Court had overstepped its jurisdiction by entertaining the case.
Judgment Details
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.”
The judge directed that the case be returned to the Kano State High Court for reassignment to a competent judge.
However, the Presiding Justice, Mustapha Mohammed, alongside another justice, disagreed with Justice Kolawole’s directive to remit the case. Instead, they ruled that the proper course of action was to strike out the case entirely.
According to the majority opinion:
“Given that the Federal High Court lacked jurisdiction from the onset, the proceedings should not be remitted but struck out.”
Background of the Case
The ruling follows a directive by the Court of Appeal in Abuja for a fresh hearing in the dispute over the Kano Emirate involving Ado Bayero and Muhammadu Sanusi II. The appellate court had previously cited procedural lapses in the initial trial.
Justice Mohammed Mustapha, delivering the lead judgment in that earlier decision, stated that the Kano High Court had acted unfairly by failing to serve Muhammadu Sanusi a hearing notice. This procedural error denied him the opportunity to present his case.
The decision to bar the Federal High Court from further involvement underscores the importance of jurisdictional boundaries in legal adjudication.
