Falana questions recent Court order in Kano emirate tussle

5 months ago 20

Femi Falana, a human rights lawyer, criticized the federal high court's ruling on the emirship dispute in Kano as "confusing"
On June 20, the federal high court in Kano nullified actions taken by Kano's governor, Abba Yusuf, on May 23, 2024, due to disregard for an interim order
Falana emphasized that the Supreme Court had issued two judgments restricting federal court authority over traditional institutions

Femi Falana, a human rights lawyer, described the federal high court's ruling on the emirship dispute in Kano as somewhat "confusing."

Recall that on Thursday, June 20, the federal high court in Kano invalidated the actions taken by Kano's governor, Abba Yusuf, on May 23, 2024.

Presiding Judge Muhammed Liman stated that the defendants disregarded an interim order from the court and proceeded to implement the Kano Emirates Council Law 2024.

However, Liman clarified that his ruling did not challenge the validity of the emirate law passed by the state assembly.

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Also on May 23, the Kano governor reinstated Muhammadu Sanusi as Emir of Kano and ordered the dethronement of Aminu Bayero.

Limitation of Federal High Court power

But, speaking during an interview with Arise TV on Friday, June 21, Falana noted that the Supreme Court had previously determined that federal high courts lack jurisdiction over chieftaincy issues.

Speaking still, Falana highlighted that the Supreme Court had issued two judgments restricting federal court authority over traditional institutions, emphasizing that these judgments are binding nationwide, The Cable reported.

Falana further explained that the Supreme Court had ruled that being a chief is not a fundamental right and that chieftaincy matters should not be handled by a federal high court.

He said:

"The order is somewhat confusing," Falana remarked."What is crucial, and which the judge did not address in his ruling, is the Supreme Court's clear stance in two solid judgments limiting the federal high courts' power to interfere in traditional institutions' affairs."This cannot be done through a fundamental rights application. I heard his lordship emphasizing the need to respect the rule of law."In any country that claims to uphold and operate under the rule of law, Supreme Court judgments are binding on all authorities."It undermines the rule of law if a high court judge chooses to ignore or overrule the Supreme Court's judgments."

Kano Emir: Northern chiefs hail annulment of Sanusi's reinstatement

Meanwhile, the Forum of Chiefs in Nigeria (FCN) has lauded the recent court decision that annulled the reinstatement of Muhammadu Sanusi II as the Emir of Kano.

As reported by Legit.ng, the Chiefs hailed the verdict as a significant victory for justice over alleged injustice, truth over falsehood, and light over darkness.

Source: Legit.ng

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