JUST IN: Appeal Court Dismisses Bayero’s Case Against Emir Sanusi II

The Federal Appeal Court in Abuja has dismissed a fundamental human rights case filed by the 15th Emir of Kano, Aminu Ado Bayero, against the 16th Emir of Kano, Malam Muhammadu Sanusi II. The court ruled that the case lacked merit and could not withstand legal scrutiny.

In its judgment, the court dismissed the issue of jurisdiction raised by the 1st Respondent, Aminu Ado Bayero, stating that it also lacked merit.

The court emphasized that the case primarily involved a chieftaincy matter, noting, “The reliefs sought by the 1st Respondent challenge the legislative power to enact laws, which cannot be addressed under a fundamental rights enforcement procedure.”

The Appeal Court concluded that the Federal High Court had no authority to interfere in matters related to the Kano State Emirate Council law.

“The principal reliefs sought fall outside the scope of fundamental human rights,” the court noted. It further ruled that the Federal High Court lacked jurisdiction to adjudicate on chieftaincy issues under Section 251 of the Constitution.

The court referenced the Supreme Court decision in Tukur v. Governor of Gongola State, stating that the Federal High Court erred by distinguishing the current case from Tukur.

The Appeal Court criticized the Federal High Court for failing to adhere to the precedent set in Tukur v. Governor of Gongola State.

“Under our Constitution, jurisdiction over chieftaincy matters lies with the State High Court, not the Federal High Court. Therefore, the issue is resolved in favor of the appellant, Muhammadu Sanusi II,” the court concluded.

The court firmly held that the Federal High Court lacked the jurisdiction to adjudicate the matter.