- Insists Justice Liman owes Nigerians an explanation
- The supreme court had held federal high courts lack jurisdictions on chieftaincy matters —Falana
As some legal practitioners continue to question the legality of the Federal High Court’s judgment which nullified the reappointment of Muhammadu Sanusi II as the 16th Emir of Kano, law teacher, Ex Chair of the National Human Rights Commission and Pro Chancellor of Chukwuemeka Odumegwu Ojukwu University (CCOU) insists that the judge has a lot to explain to Nigerians as there are inconsistencies surrounding the filing of the suit.
Meanwhile, though the court declared the actions taken by Governor Abba Kabir Yusuf of May 23, 2024, as “null and void”, it stated, however, that its ruling does not affect the validity of the Kano Emirates Council (Repeal) Bill 2024, which was passed by the Kano State House of Assembly.
Taking to his X handle, Odinkalu said: “The judge in Kano here claims he made an order on 23 May, 2024 via virtual proceedings in a suit concerning a law that was assented to at 17:10 hrs (5:10 pm) on the same day.
“The judge has to explain at what time the suit was filed because no court registry is open at that hour.
“The court then claims that “paras 3, 4 & 6 of the enrolled orders are not relevant to this application.” But those are where the judge recognized that there was a jurisdictional issue with his exercising powers in relation to a Chieftaincy dispute. How can they not be relevant?”
On Thursday, the federal high court in Kano nullified the decisions of Abba Yusuf, governor of Kano, taken on May 23, 2024.
Speaking in an interview on Arise TV on Friday, rights lawyer Femi Falana, SAN said the supreme court had ruled that federal high courts do not have jurisdictions on chieftaincy matters.
Muhammed Liman, the presiding judge, held that the defendants were aware of an interim order previously granted by the court but ignored it and implemented the Kano Emirates Council Law 2024.
The judge, however, ruled that his order did not affect the validity of the emirate law passed by the state house of assembly.
On May 23, the Kano governor announced the reinstatement of Muhammadu Sanusi as Emir of Kano.
The governor also ordered the dethronement of Aminu Bayero as Emir of Kano.
‘LIMITATION OF THE POWERS OF THE FEDERAL COURTS’
Speaking during the interview, Falana said the supreme court had issued two separate judgments limiting the powers of the federal court on traditional institutions.
The Senior Advocate of Nigeria said judgments of the supreme court are binding on all authorities in the country adding that the apex court had ruled that being a chief is not a fundamental right and issues of chieftaincy should not be entertained by a federal high court.
“The order is a bit confusing,” Falana said.
“But what is important, which the learned judge did not address in his ruling, is the convenient way in which two solid judgments of the supreme court on the limitation of the power of the federal high courts to interfere in the affairs of traditional institutions.
“It cannot be done via fundamental rights application. I listened to him, his lordship was talking about the need to respect the rule of law.
“In any country that loudly claims to pronounce and operate under the rule of law, the judgments of the supreme court are binding on all authorities.
“It is a mockery of the rule of law, if the high court judge decides to ignore or overrule the judgments of the supreme court.”
As it stands, the hopes of the two contenders to the ancient throne have been dashed since the Federal High Court’s verdict left both sides in limbo.
