Sanusi vs Bayero: Is Federal High Court Right to Hear the Case? Lawyer Reacts
- The Kano royal tussle between Muhammadu Sanusi II and Aminu Ado Bayero has been a strong legal concern in recent time
- One of the concerns is the argument that the Federal High Court does not have the jurisdiction to hear the suit filed by Ado-Bayero
- However, Okanlawon Gaffar, a legal practitioner, explained why the federal high court has the jurisdiction to hear the suit while speaking with TheTalk.NG
The royal tussle between reinstated Muhammadu Sanusi II and the deposed Aminu Ado Bayero in Kano has become more controversial in recent times, and the legal move that followed has added a new dimension to the matter.
Both parties, including the Kano state government, have filed different suits at the federal and state high courts in the state, but another criticism was that the matter of chieftaincy was never within the jurisdiction of a federal high court.
Court hears Bayero’s suit because of human rights violations
Photo Credit: @ImranmuhdzSource: Twitter
How lawyer reacts to Kano legal tussle
However, Okanlawon Gaffar, a legal practitioner, in an interview with TheTalk.NG, explained why the federal high court has acted on the matter recently.
Gaffar said:
“I think we need to do better in this part of the world regarding our reading culture. Most of the time, we reach conclusions without critically examining the issue.
“The judgement of the Federal High Court is clear and devoid of any ambiguity. The essence of the court is to put justice into place. For instance, it is a long-decided principle that “the Federal High Court by virtue of its establishment and functions spelt out in Section 251 of the 1999 Constitution of Federal Republic of Nigeria (as amended) does not have jurisdiction in chieftaincy matter.
“Besides, in distilling the judgement, the grounds raised by the Applicant are against his fundamental right being abused, and that’s his right to life. He dropped the issues surrounding the chieftaincy and focused more on the Fundamental Human Rights issue. The court already settled it in the case of Tukur v. Governor of Gongola that the issue of Chieftenacy cannot be handled nor entertained by the Federal High Court.”
Why high court hears Bayero’s suit
He went further to explain why the court did not see the connection between the human rights matter that the applicant (Bayero) raised and the chieftaincy matter raised by the defendants in their defence.
The lawyer said:
“Even when the respondent’s counsel referred to the chieftaincy matter and cited the case of Tukur v. Governor of Gongola, the court failed to see the connection between the cited case and the issue at hand.
“The first legal question to consider is Jurisdiction. This is being considered from the cause of action. Then, since the matter is within the scope of Chapter of the 1999 Constitution, the Federal High Court has jurisdiction.
“However, if it were to be the fact that the first two issues later withdrawn weren’t done, it would have robbed the Federal High Court of the Jurisdiction due to the fact that Sections 270 and 272 make it clear on the issue that needs to be brought before the High Court of Lagos State.”
Source: TheTalk.NG
