The Federal Appeal Court sitting in Abuja has dismissed the fundamental human rights case filed by the 15th Emir of Kano, Aminu Ado Bayero, against his predecessor, the 16th Emir of Kano, Mallam Muhammadu Sanusi II. The court declared that the case lacked merit and fell outside the purview of federal jurisdiction, delivering a decisive legal victory to Sanusi.
The case revolved around claims by Bayero challenging the powers of the legislature to enact certain laws relating to the Kano Emirate Council. However, the Appeal Court determined that the claims were fundamentally chieftaincy matters, which are under the jurisdiction of the State High Court, not the Federal High Court.
Jurisdictional Flaws Exposed
The court dismissed the jurisdictional issue raised by Bayero, stating it lacked merit. In its ruling, the court emphasized that fundamental human rights enforcement procedures cannot be used to litigate matters of chieftaincy or legislative authority.
“The principal reliefs sought by the 1st respondent (Aminu Ado Bayero) challenge the power of the legislature to make laws. These issues cannot be raised in a fundamental rights enforcement procedure,” the court held.
Federal High Court Faulted
The Appeal Court criticized the Federal High Court for taking up the case, which was beyond its constitutional authority. Drawing parallels to the Supreme Court decision in Tukur v. Governor of Gongola State, the Appeal Court ruled that the Federal High Court erred in distinguishing the case from the established precedent.
“The Federal High Court had no business interfering in matters relating to Kano State Emirate Council law. The court that has jurisdiction over chieftaincy matters under our constitution is the State High Court, not the Federal High Court,” the ruling affirmed.
The Appeal Court concluded that the Federal High Court had failed to abide by the decision of the Supreme Court in Tukur v. Governor of Gongola State, reiterating that chieftaincy disputes are exclusively under the purview of State High Courts.
Sanusi’s Victory Reaffirmed
The ruling solidifies Muhammadu Sanusi II’s legal standing and underscores the limits of federal jurisdiction in traditional matters. By dismissing the case on jurisdictional grounds, the court has set a significant precedent for future disputes involving traditional leadership and governance.
