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Kano Emirship Tussle: Appeal Court Refers Case Back to Supreme Court

Published 3 days ago4 minute read
Kano Emirship Tussle: Appeal Court Refers Case Back to Supreme Court

The legal battles surrounding the Kano Emirate and local government elections in Kano State have taken several twists and turns, with the Court of Appeal in Abuja playing a central role in adjudicating the disputes. Recent rulings and directives from the appellate court underscore the complexities and high stakes involved in these matters.

Emirship Tussle: Court Orders Caution, Stays Actions

In the ongoing Kano Emirship saga, the Court of Appeal, Abuja, has issued a directive urging all parties involved to exercise caution as they await the Supreme Court's hearing of their appeals. This ruling stems from the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano, a move that has been met with legal challenges. The appellate court has also stayed actions related to the reinstatement, effectively freezing the situation until the Supreme Court can weigh in.

A three-member panel of justices, led by Justice Biobele Georgewill, delivered a unanimous ruling that upheld the withdrawal of the application filed by the Kano State Government after the record of appeal was transmitted to the Supreme Court. The reinstatement of Muhammadu Sanusi II followed the Kano State Emirate Council (Repeal) Law 2024, which also led to the removal of Aminu Ado Bayero as the 15th Emir, along with four other first-class emirs appointed by the previous governor, Abdullahi Umar Ganduje.

Justice Okon Abang had earlier ordered a stay of execution of the Appeal Court's judgment validating Sanusi II's reinstatement and directed all parties to maintain the status quo. However, this ruling was met with dissatisfaction from the respondents, who argued that it was a misinterpretation of constitutional provisions, especially since an appeal had already been filed at the Supreme Court.

Counsel for the appellant, Abdul Fagge (SAN), acknowledged that the respondents acted within constitutional provisions. During a hearing on the enforcement of earlier orders, counsel for the Kano State Government, Ibrahim Wangida, informed the court of the notice of appeal filed against the stay of execution order. With the transmission of the record to the Supreme Court, the Court of Appeal has ordered all parties to exercise caution, pending the Supreme Court's hearing.

Local Government Elections: Appeals Adjourned

In a separate but equally significant matter, the Court of Appeal in Abuja has adjourned the hearing of all appeals related to the conduct of local government elections in Kano State until April 8. Justice Georgewill Ekanem, presiding over a three-member panel, announced the adjournment after lawyers representing all parties confirmed and regularized their arguments.

The court has also ordered the service of court processes and hearing dates to parties not present during the proceedings, confirming that court documents indicated they had been served with the various appeals and hearing dates.

Among the appeals under consideration are those between the Attorney-General of Kano State versus the All Progressives Congress (APC) and others, the Kano State Independent Electoral Commission (KSIEC) versus the Kano State House of Assembly and others, and Dr Ahmed Ajuji and others versus the Independent National Electoral Commission (INEC).

Notably, the Kano State House of Assembly is seeking to overturn a judgment by the Federal High Court in Kano, which had restrained the KSIEC from proceeding with the local government elections. The assembly argues that the Federal High Court lacked jurisdiction to make such orders and that the suit filed by Aminu Aliyu Tiga and the APC was statute-barred.

Justice Simon Amobeda of the Federal High Court in Kano had previously stopped the KSIEC from conducting the elections, citing concerns over the impartiality of its members and directing INEC not to release the national voter register for the polls. The judge also barred security agencies from participating in the elections.

The Kano State House of Assembly contends that matters regarding local government elections fall under the jurisdiction of the Kano State High Court, not the Federal High Court. The appellate court's decision on these appeals will have significant implications for the future of local governance in Kano State.

From Zeal News Studio(Terms and Conditions)
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