Falana Questions Court’s Jurisdiction In Kano Emirate Case, Cites Limitations On High Courts In Monarchy Disputes
In an interview with Arise News on Thursday, Falana’s comments shed light on a legal dispute involving Sanusi, Ado Bayero, and the government over the recent removal of Ado Bayero as the Emir of Kano and the reinstallation of Sanusi as the monarch by the state government, as well as the subsequent legal battle.
A Senior Advocate of Nigeria (SAN), Mr Femi Falana, has given his perspective on a contentious legal issue involving Alhaji Muhammadu Sanusi II, Alhaji Aminu Ado Bayero and the Kano State Government.
In an interview with Arise News on Thursday, Falana’s comments shed light on a legal dispute involving Sanusi, Ado Bayero, and the government over the recent removal of Ado Bayero as the Emir of Kano and the reinstallation of Sanusi as the monarch by the state government, as well as the subsequent legal battle.
The Court Order Surrounding the Nullification of Sanusi’s Reinstatement as Emir is Confusing -Falana
The court said they cannot declare invalid the repeal law by the House of Assembly. This repeal law empowers the governor to reinstate Sanusi.
Femi Falana, SAN, Senior Advocate… pic.twitter.com/nn9hjHYKRx
— ARISE NEWS (@ARISEtv) June 21, 2024
A Federal High Court in Kano State earlier on Thursday invalidated all actions taken by the Kano State government to repeal the Kano Emirates Council Law 2024.
The state House of Assembly had repealed the law, leading Governor Abba Kabir Yusuf to implement it by removing Ado Bayero as the Emir of Kano.
Also, the governor reversed the establishment of four emirates—Bichi, Rano, Karaye, and Gaya—that were created by his predecessor, Dr. Abdullahi Umar Ganduje.
The law was used to reinstall Muhammadu Sanusi II, who was dethroned by Ganduje in 2020.
However, Aminu Babba Danagundi, a kingmaker in the former Kano emirate known as Sarkin Dawaki Babba, challenged the legality of the law.
Represented by his counsel, Chikaosolu Ojukwu (SAN), he petitioned the court to declare the law null and void.
In a ruling delivered on Thursday, Justice Abdullahi Muhammad Liman, overturned the actions of the Kano government and directed all parties to maintain the status quo ante.
“The court’s ruling today raises crucial concerns,” Falana began, emphasising the complexity of the case. “From my understanding and after reviewing the court proceedings, Justice Lehman’s assertion is pivotal. The order issued on May 24th, served to the governor and the attorney on May 27th, was deemed acknowledged due to its wide circulation on social media.”
Falana, however, highlighted procedural discrepancies, noting, “Sanusi Lamido Sanusi was not alleged to have disobeyed any order. If the order impacted him, he should have been formally notified.”
The lawyer pointed out the court’s stance on legislative authority, stating, “The court refrained from invalidating the repeal law by the House of Assembly, which empowered the governor to reinstate Sanusi.”
He stressed the judiciary’s obligation to uphold legal precedents, referencing Supreme Court decisions.
“The Supreme Court’s rulings on federal high courts intervening in traditional institution matters are clear,” he stated. “Being a chief is a privilege, not a fundamental right. Therefore, federal high courts cannot entertain cases questioning such privileges.”
Falana expressed concerns about judicial integrity, stating, “Respecting the rule of law is fundamental in any democracy. It’s a mockery if a high court judge disregards Supreme Court rulings.”
He concluded by addressing the core issue: “The fundamental question remains whether the federal high court has jurisdiction over human rights matters arising from traditional leaders’ deposition or reinstatement.”
