A Federal Appeal Court sitting in Abuja, has struck out the 15th Emir of Kano, Aminu Ado Bayero fundamental Human Rights case against the 16th Emir of Kano Mallam Muhammadu Sanusi II, that it lacked in merit and could not stand the test of legal proceedings.
The Court ruled that the issue of jurisdiction raised by the 1st Respondent, Aminu Ado Bayero is
dismissed for lacking in merit.
The court held that the claim of the 1st Respondent is principally on chieftaincy matter, “The reliefs sought by the 1st respondent is challenging the power of the legislature to make law. This issue cannot be raised in a fundamental right enforcement procedure.”
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The Appeal Court decided that the federal high court had no business to interfere into the matter that relates to Kano State Emirate Council law.
“The principal reliefs are outside the scope of fundamental human right
The court further held that the Federal High court lacks jurisdiction to dabble into issue of chieftaincy matter under section 251 of the constitution.
The court held that the case at hand is similar to the Supreme Court case in Tukur v Gov of Gongola state. That the trial Federal High was wrong to have distinguished this case from Tukur’s case.
The Court added that the Federal High Court failed to abide by the decision of the Supreme Court in the case of Tukur Vs Governor of Gongola State.
“That the court that has jurisdiction over chieftaincy matter under our constitution is State High court not Federal High Court and as such the issue is resolved in favor of the appellant (Muhammadu Sanusi II)
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Fundamentally the Appeal Court averred that the Federal High Court lacked jurisdiction to adjudicate on the matter.