The Court of Appeal sitting in Abuja on Friday, January 10, 2024, struck out the fundamental human rights case filed by the 15th Emir of Kano, Aminu Ado Bayero, against the present Emir, Mallam Muhammadu Sanusi II.
The appellate Court held that the suit lacked merit and could not stand the test of legal proceedings.
The Court also declared that the Federal High Court lacked jurisdiction to adjudicate on the matter thereby dismissed the issue of jurisdiction raised by Aminu Ado Bayero, who is the 1st Respondent, Aminu Ado Bayero, saying that it lacked merit.
The Court of Appeal also held that the claim of the 1st Respondent was principally on chieftaincy matter, stressing that the reliefs he sought was hinged on challenging the power of the legislature to make law.
The Court held; “This issue cannot be raised in a fundamental right enforcement procedure”.
It therefore held that the Federal High Court had no business whatsoever to interfere in the matter that relates to Kano State Emirate Council law.
According to the Court of Appeal; “The principal reliefs are outside the scope of fundamental human right. The Federal High Court lacks jurisdiction to dabble into issue of chieftaincy matter under section 251 of the constitution”.
The appellate Court held that the case at hand is similar to the Supreme Court case in Tukur vs Gov of Gongola state, stressing that the trial Federal High Court was wrong to have distinguished this case from the Tukur’s case.
The Appeal Court noted that the Federal High Court failed to abide by the decision of the Supreme Court in the case of Tukur Vs Governor of Gongola State, stressing that the Court that has jurisdiction over chieftaincy matters under 1999 Constitution of the Federal Republic of Nigeria (as amended), is the State High Court not Federal High Court.
It therefore resolved the case in favour of the appellant, Emir Muhammadu Sanusi II.
