Connect with us

Politics

Kano Emirate tussle: Federal, Industrial courts lack jurisdiction on chieftaincy matters – Falana

Published

12 months ago

on

 

Human Rights lawyer and Senior Advocate of Nigeria, Femi Falana, on Tuesday, said the Federal High Court and the National Industrial Court have no jurisdiction to determine chieftaincy matters.

Falana, in a statement he personally signed, which was obtained by our correspondent in Abuja, accused both courts of separately conferring, “jurisdiction on themselves to determine chieftaincy matters.”

Falana described both decisions as, “highly erroneous” as they cannot be justified under sections 251 and 254(C) of the Constitution. Adding that both courts conveniently overruled the judgments of the Supreme Court and the Court of Appeal on the subject matter.

He said, “The intervention of the Federal High Court in the dispute arising from the deposition of Emir Ado Bayero & Co. as well as the restoration of Emir Sanusi Lamido Sanusi is a brazen repudiation of the decision of the Supreme Court in the celebrated case of Tukur v Government of Gongola State (1987) 4 NWLR (117) 517 where it was held that “The question raised in this claim is not a fundamental right question.

“As in the first prayer, the right to be Emir is not guaranteed by the Fundamental Rights provisions of the Constitution and the Federal High Court has no jurisdiction whatever in the matter. The Court of Appeal was, therefore, not in error of law to hold that the Federal High Court has no jurisdiction to grant the two reliefs.

“Since the apex court has said that the right to be an Emir is not a fundamental right under chapter four of the Constitution, the Federal High Court sitting in Kano ought to have declined jurisdiction to continue to entertain the dispute over the chieftaincy matter in Kano. In any case, the allegation of infringement of the fundamental rights of the Applicants is an ancillary claim to the substantive reliefs emanating from the deposition and reinstatement of the embattled emirs.”

In FCMB Plc v Nyama (2014) LPELR-23973 AT 19-20, the Court of Appeal held that: “Now it is settled that where an application is made under the fundamental Right (Enforcement Procedure) Rules, a condition precedent to the exercise of the court’s jurisdiction is that the enforcement of fundamental rights of the securing of enforcement thereof should be the main claim and not the accessory claim. Where the main or principal claim is not the enforcement of fundament right, the jurisdiction of the court cannot be properly exercised under Fundamental Rights (Enforcement Procedure) Rules.”

A Federal High Court in Kano last week ruled that it has jurisdiction to hear the human rights violation case filed by the dethroned Emir of Kano, Aminu Ado Bayero, and senior councillor, Aminu Dan’agundi, following the reinstatement of Emir Muhammad Sanusi II.

The court issued an ex-parte order preventing Governor Abba Yusuf of Kano from reinstating Sanusi until a substantive suit against the reinstatement is resolved.

The order also opposed the abolishment of four emirates—Bichi, Gaya, Karaye, and Rano—under a bill previously passed by the state House of Assembly.

Ending his submission, Falana said, “I submit, with profound respect, that section 254(C)(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended has not conferred jurisdiction on the National Industrial Court to hear and determine chieftaincy matters.

“However, a traditional ruler who was deposed by a state governor without fair hearing is not without a legal redress.”

 

Related Topics:
Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

Former Nigerian VP Sambo dumps PDP for APC

Published

4 hours ago

on

June 18, 2025

By

Former Nigerian Vice President Namadi Sambo

Former Nigerian Vice President Namadi Sambo officially dumped the People’s Democratic Party for the ruling All Progressives Party, on Wednesday.

Ekwutosblog reports that the former VP under ex-president Goodluck Jonathan’s administration between 2010 and 2015 joined the Kaduna State Chapter of the APC on Friday.

An APC stalwart, Imran Muhammad, confirmed Sambo’s defection in his X account.

Details soon…

Continue Reading

Politics

Senate Questions Nomination Of Non-Indigene As Rivers Electoral Commission Chair

Published

18 hours ago

on

June 18, 2025

By

Odey, a native of Cross River State, came under scrutiny from the panel, chaired by Senate Leader, Opeyemi Bamidele, over his non-indigene status.

The Senate Adhoc Committee on the Emergency Rule in Rivers State has commenced the screening of nominees for the Rivers State Independent Electoral Commission (RSIEC), with a major point of contention emerging over the nomination of Michael Odey as the chairman of the electoral body.

Odey, a native of Cross River State, came under scrutiny from the panel, chaired by Senate Leader, Opeyemi Bamidele, over his non-indigene status, particularly as he hails from the same state as the Sole Administrator of Rivers State, Ibok Ekwe Ibas.

While defending his eligibility, Odey said his nomination does not contravene any provisions of the RSIEC enabling law.

“With utmost respect, I have gone through the RSIEC’s enabling law, and there is nothing that precludes the appointment of anybody outside the state as chairman of the electoral management body,” he said.

However, Senator Bamidele expressed reservations, noting that even if the law is silent on the matter, the implications of appointing someone from outside the state must be carefully considered.

He said, “We are also in possession of the law, so make it available to the committee because in my opinion, the Independent National Electoral Commission is about the Federal Republic of Nigeria. When we say State Independent Electoral Commission, it is about that state.”

The Senate Leader added that the nomination raises fundamental concerns about public perception and legal precedent.

“This is not a matter we are just going to gloss over. It has to be something we can defend. Even if the law does not prohibit such an appointment, we must ensure it is not repugnant to public conscience,” the lawmaker said.

He said the committee would re-examine the eligibility criteria under the RSIEC law to determine if such an appointment could serve as a viable precedent for the future.

Other nominees screened for membership of the commission included Lezaasi Lenee Torbira, Arthur Nwafor, Godfrey Mbudiogha, Joyce Akaniwor, Olive A. Bruce, and Chidi Halliday.

Continue Reading

Politics

Benue govt declares public holiday ahead of Tinubu’s visit

Published

1 day ago

on

June 17, 2025

By

The Benue State Government has declared Wednesday, June 18, 2025, a public holiday to mark the official visit of President Bola Ahmed Tinubu to the state.

Ekwutosblog reports that Tinubu had announced that he would cut short his schedule to visit Benue State over the recent attacks on the state.

In a statement signed by the Secretary to the State Government, Serumun Deborah Aber, the President is expected in the state on a one-day condolence visit to commiserate with the government and people of Benue over the recent spate of violent attacks that have led to numerous deaths.

 

The government stated that the holiday is intended to give citizens the opportunity to receive the president warmly but clarified that the directive excludes workers in essential services, including medical personnel, security agencies, and banking institutions.

“Residents across the state are encouraged to come out in large numbers to welcome the President and his delegation during what has been described as a significant and symbolic visit,” the statement added.

Continue Reading

Trending