Emirate Tussle: Court Ruling Confusing, Controversial – Falana
Femi Falana, a human rights lawyer, says the judgment of the federal high court on the emirship tussle in Kano is a bit “confusing”.
Speaking in an interview on Arise TV on Friday, Falana said the supreme court had ruled that federal high courts do not have jurisdictions on chieftaincy matters.
On Thursday, the federal high court in Kano nullified the decisions of Abba Yusuf, governor of Kano, taken on May 23, 2024.
Muhammed Liman, the presiding 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.
The judge, however, ruled that his order did not affect the validity of the emirate law passed by the state house of assembly.
On May 23, the Kano governor announced the reinstatement of Muhammadu Sanusi as Emir of Kano.
The governor also ordered the dethronement of Aminu Bayero as Emir of Kano.
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Speaking during the interview, Falana said the supreme court had issued two separate judgments limiting the powers of the federal court on traditional institutions.
The human rights lawyer said judgments of the supreme court are binding on all authorities in the country.
Falana said 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.
“The order is a bit confusing,” Falana said.
“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 cannot 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.”
