The Court of Appeal in Abuja has overturned earlier decisions from the Federal High Court and the Kano State High Court regarding the Kano Emirate dispute involving Aminu Bayero. The court ordered a retrial for denying Bayero’s fundamental right to a fair hearing and struck out another case for lack of jurisdiction.
The verdict may end a lengthy legal battle threatening the Kano Emirate’s stability. The court ruled that Bayero’s case lacked merit and dismissed his claims about jurisdiction.
The Federal Appeal Court dismissed Bayero’s fundamental rights case against Mallam Muhammadu Sanusi II. It stated that Bayero’s claim involved chieftaincy matters, which do not fall under fundamental human rights enforcement. According to Section 251 of the Nigerian Constitution, the court pronounced the Federal High Court cannot handle chieftaincy issues.
Supporters of the Emir of Kano, Alhaji Muhammadu Sanusi II, celebrated at the city’s central Mosque after the Appeal Court ruled in his favour. The Emir led the Friday Jumu’ah prayer around 2:18 PM.
However, the Court of Appeal additionally ordered a fresh hearing in the legal battle over the disputed Kano Emirate. The three-member panel, led by Justice Mohammed Mustapha, ruled the lower court’s judgment null because Bayero’s right to a fair hearing was breached.
The panel noted that the Kano High Court did not serve Bayero with a notice to present his case.
Justice Mustapha emphasized that all courts must ensure justice for all parties and provide equal opportunities.
The Court of Appeal ordered the case to be reassigned to another judge for quick determination.
Earlier, the Kano State High Court issued a restraining order against Bayero and four other former emirs, preventing any claims to the emirship title.
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