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Kano Emirate tussle: Federal, industrial Courts lack jurisdiction on chieftaincy matters – Falana
Nasiru Yusuf Ibrahim
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.
KANO FOCUS reports that Falana, in a statement he personally signed, 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.”
Kano State Governor, Alhaji Abba Kabir Yusuf, has been awarded a prestigious Fellowship by the United States Chartered Institute of Management and Leadership.
According to a statement issued by the Governor’s spokesperson, Sanusi Bature Dawakin Tofa, the Institute also presented Governor Yusuf with an Award of Excellence in recognition of his efforts in human capital development and resource management.
The recognition was conferred by representatives of the Institute’s Governing Council, led by Barr. (Dr.) Steven Longe, during an investiture ceremony at the Abuja Governor’s Lodge.
This event followed shortly after the governor received the National Award from the Nigerian Union of Teachers (NUT) during the World Teachers’ Day celebration.
Dr. Longe explained that the decision to honor Governor Yusuf with the Institute’s highest Fellowship and an Award of Excellence came after extensive research into his effective management of both human and financial resources.
The research highlighted his dedication to promoting good governance in Kano, Nigeria’s most populous state.
“Your leadership has been marked by prudence and transparency,” said Dr. Longe.
“You embody the qualities of an accountable and dedicated leader.
We are proud to associate with politicians who are committed to selfless service to their people.”
In his response, Governor Yusuf expressed his gratitude for the Fellowship and thanked the Institute for recognizing his leadership qualities on an international platform.
“Despite the many challenges we have faced since the beginning of this administration, our commitment to serving the people of Kano remains unwavering.
We will continue to deliver the dividends of democracy to our people,” the governor assured.
Headlines
World Teachers’ Day 2024: NUT Honors Gov.Yusuf for Outstanding Performance in Education Reform
Mukhtar Yahya Usman
The Nigeria Union of Teachers (NUT) has honored Governor Abba Kabir Yusuf of Kano State, with a prestigious award for his exceptional performance in reforming the state’s education sector.
This was contained in a statement issued by the Governor’s Spokesperson, Sanusi Bature Dawakin-Tofa on Saturday.
The award was presented during the celebration of World Teachers’ Day 2024 at Eagle Square, Abuja, in a vibrant event organized in collaboration with the Federal Ministry of Education.
The event brought together teachers from across the 36 states of Nigeria to honor the significant contributions made to the education sector.
Governor Yusuf was recognized with the NUT Golden Award for his transformative efforts in rescuing Kano’s education sector from years of decay and neglect.
In his remarks, NUT National Chairman, Comrade Titus Ambe, noted that only six governors were selected for this honor, based on their unwavering commitment to advancing education, particularly through the support of teachers’ welfare and continuous training.
Specifically, Governor Yusuf’s accomplishments were highlighted, including his administration’s allocation of 29.9% of Kano’s 2024 budget to education and his declaration of a state of emergency in the sector, which has significantly improved both infrastructure and access to quality education in the state.
President Bola Ahmed Tinubu, represented by the Secretary to the Government of the Federation, Senator George Akume, commended the governors for their dedication.
Speaking on behalf of the six awardees, which included the Governors of Borno, Oyo, Benue, Enugu, and Kebbi states, Governor Yusuf reaffirmed his commitment to further investing in education, emphasizing the importance of sustaining progress to ensure future generations thrive.
Nasiru Yusuf Ibrahim
The major opposition political party in Kano, the All Progressives Congress, APC, on Friday instituted a fresh suit against the Kano State Independent Electoral Commission, KANSIEC, before the Federal High Court sitting in Kano.
KANO FOCUS reports that the party is asking the court to stop the Independent National Electoral Commission, INEC, from releasing voter register for the conduct of the council poll.
The plaintiffs, APC and the party Chairman, Abdullahi Abbas, instituted the suit through their counsel, Ismail Abdulaziz.
They also sought an interlocutory application to restrain the state electoral body from continuing with the process and conduct of the council election slated for 26th October, 2024.
Defendants joined in the suit include, the Kano State Attorney General, Kano State Independent Electoral Commission, KANSIEC, Independent National Electoral Commission, INEC, Attorney General of the Federation, AGF, KANSIEC Chairman, Sani Lawan and other members.
Abdulaziz said, “we are asking for the court to interpret some provisions of the constitution, KANSIEC guidelines, the law itself in seeking whether KANSIEC is a revenue generating agency and considering that the N9m and N4m requested to be paid by Chairmanship and Councillorship candidates by KANSIEC were exorbitant.
“We want the court to determine whether KANSIEC will be impartial looking at present members that constituted the commission.
“We are also seeking the court to order INEC not to release election materials such as voter register to KANSIEC until the commission abide by the provision of the constitution.
“We now sought for interlocutory injunction to restrain the continuation of the continuing with process and conduct of the election. The defendants did not receive our processes and the court adjourned till next Friday so that all the parties to file their responses,” Abdulaziz said.
Moving the application before the Presiding Judge, Justice Simon Amobeda, on Friday the court adjourned the matter till 11th October, 2024 and ordered the plaintiffs to serve the defendants.
Meanwhile, in a related matter, the Counsels to Kano State government, Rilwanu Umar SAN and Kano State House of Assembly, Bar. Bashir Yusuf said they have filed a preliminary objections before the Justice Amobeda challenging the jurisdiction of the court to hear matters concerning KANSIEC.
The Counsels said only state high court and state assembly have the powers to entertain any matter that border on regulations of KANSIEC and not federal agency or so.
Kano state government application came in response to motion on notice moved by APC and one Aliyu Aminu Tiga on why the court should not stop the conduct of the election.
Recall one Aminu Aliyu Tiga and the APC had earlier filed an application seeking the court to stop the electoral body from conducting the elections in which Justice Amobeda in interim refused to grant and however noted that the defendants shall be put on notice to show cause why the prayers shall not be granted.
The Court presided by Justice Simon Amobeda however adjourned the matter till 11th October for hearing.
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