Kano Emirate Legal Battle: Appeal Court Bars Federal High Court from Proceeding
In a split decision, the Court of Appeal in Abuja ruled 2-1 to bar the Federal High Court in Kano from presiding over the legal dispute concerning the Kano Emirate. The appellate court determined that matters involving Kano State chieftaincy issues fall exclusively within the jurisdiction of the Kano State High Court.
Delivering the lead judgment, Justice Gabriel Kolawole held that the Federal High Court lacked the authority to adjudicate chieftaincy matters and directed that the case be transferred to the Kano State High Court for proper handling.
While the Presiding Justice, Mustapha Mohammed, and another member of the panel agreed with Justice Kolawole's position on jurisdiction, they differed on the procedural outcome. Unlike Justice Kolawole, who advocated for remitting the case to the Kano Chief Judge for reassignment, the two Justices held that the appropriate course of action was to strike out the case entirely.
Consequently, the majority ruling nullified the Federal High Court's proceedings and struck out the case, citing lack of jurisdiction to entertain the matter in the first place.
This decision effectively reinforces the position that disputes related to chieftaincy affairs within Kano State are exclusively within the purview of the Kano State High Court.
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