From Umar Dankano, Yola
Three (3) traditional title holders of the Adamawa Emirate Council (Appellants) challenging creation and installation of Fufore emirate and its Emir, Alhaji Muhammadu Sani Ribadu have filled a notice of Appeal at the court of Appeal Yola rejecting dismissal ruling of the lower court in Adamawa state.
It could be recalled that,High Court No. 4 under justice Usman Musa had struck out the Appellants’ suit, which sought to challenge the creation of the Fufore Emirate and the appointment of Alhaji Mohammed Sani Ahmadu Ribadu as its Emir, on procedural grounds.
The Appellants including ;Alhaji Musa Halilu Ahmed (Dujiman Adamawa), Alhaji Mustapha Dahiru Mustapha (Yeriman Adamawa) and Alhaji Mustapha Ahmadu (Sarkin Noma Adamawa) represented by their legal counsels from Sabiq legal practioners filed the Appeal at the Court on Tuesday in Yola.
The Appellants are challenging the judgment of the High Court Yola deliver ed on 3rd March 2026 in Suit No. HC/ADSY/14/2025 therefore appealing the entire judgment on nine grounds.
In their appeal, the stated that, the learned trial Judge erred in law by holding that the suit was incompetent for failure to serve a pre-action notice, notwithstanding the extreme urgency of the matter and the doctrine of necessity.
They pointed out that the trial Judge wrongly held that the Appellants lacked locus standi (standing to sue), despite their status as high-ranking traditional title holders with vested personal and proprietary interests in the preservation of the Adamawa Emirate noting that the trial Judge misdirected himself on the burden of proof, shifting it to the Appellants when the Respondents, as the actors who created the Fufore Emirate, bore the legal burden of proving compliance with Section 5(1) of the Chiefs (Appointment and Deposition) Law of Adamawa State, 2024, which mandates consultation with “the persons concerned.
‘That the trial Judge failed to consider uncontroverted oral testimony from members of the Adamawa Emirate Council who denied under oath that the Governor ever consulted the Council before the creation of the Fufore Emirate.
“That the trial Judge failed to consider the Appellants’ constitutional claims under Sections 40 and 42 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Article 22(1) of the African Charter on Human and Peoples’ Rights, which engage a more liberal standard of locus standi”. They itemized in the appeal.
Further more, the Appellants prayer to the court for some reliefs including;An
order allowing the appeal and setting aside the High Court’s judgment, An ord er,in the exercise of the Court of Appeal’s powers under Section 15 of the Court of Appeal Act, reviewing the substantive suit on its merits.
They ask the court to Set aside the Adamawa State Legal Notice No. 56 of 2024, issued on 20th December 2024, which carved out and created the Fufore Emirate from the pre-existing Adamawa Emirate and to also set aside the inauguration of the Fufore Emirate and its Emirate Council.
“The honourable court should Prevent 4th Respondent from parading himself as Emir of Fufore Emirate,restore the Adamawa Emirate as it used to be under the leadership of the Lamido of Adamawa before the purported creation of the Fufore Emirate and award costs against the Respondents.
“The Appellants remain committed to pursuing this matter through all available legal channels in defence of the customary, traditional, and constitutional integrity of the Adamawa Emirate”. said the legal counsels for the Appellants.