The Court of Appeal in Abuja has delivered a significant judgment concerning the ongoing legal battle over the Kano Emirate. In a 2-1 decision, the appellate court ruled that the Federal High Court in Kano lacks jurisdiction to adjudicate on the matter, emphasizing that chieftaincy disputes within the state fall under the exclusive authority of the Kano State High Court.
Justice Gabriel Omoniyi Kolawole, delivering the lead judgment, stated that the Federal High Court had no legal basis to interfere in the case involving Kano State Chieftaincy Matters. According to him, such cases are solely within the jurisdiction of the state’s high court. Justice Kolawole initially proposed that the case should be sent back to the Kano State High Court for reassignment to a suitable judge.
However, the Presiding Justice, Mustapha Mohammed, along with another Justice, disagreed on this point. While they concurred that the Federal High Court lacked jurisdiction, they opposed Justice Kolawole’s suggestion to remit the case back to the state court. Instead, they ruled that the proper action was to strike out the case entirely.
The Federal High Court has no authority to handle disputes related to chieftaincy matters in Kano State.
Justice Kolawole advocated for returning the case to the Kano High Court, but the majority decision favored striking it out altogether.
This judgment underscores the importance of jurisdiction in legal matters. It serves as a reminder that cases involving traditional and state-specific issues must be handled by the appropriate courts within the state. By striking out the case, the appellate court effectively ended the Federal High Court’s involvement in the Kano Emirate legal battle, leaving the matter to be addressed through proper state-level channels.
The ruling also highlights the divergent opinions within the judiciary on how cases should proceed when jurisdiction is in question. While some justices favored remittance for continuity, the majority believed that striking out the case was the correct legal approach.
