Kano Emirate tussle.
Judgment on the Appeal filed by Chief Awomolo San.
On the issue of jurisdiction raised by the 1st Respondent. The court dismissed the PO for lacking in merit.
Resolution on the merit of the Appeal.
The court held that the claim of the 1st Respondent is principally on chieftaincy matter.
The reliefs sought by the 1st respondent is challenging the power of the legislature to make law. This issue cannot be raised in a fundamental right enforcement procedure.
The federal high court had no business to dabble into the matter that relates to Kano State Emirate Council law.
The principal reliefs are outside the scope of fundamental human right.
The court further held that the Federal High court lacks jurisdiction to dabble into issue of chieftaincy matter under section 251 of the constitution.
The court held that the case at hand is similar to the Supreme Court case in Tukur v Gov of Gongola state.
That the trial court was wrong to have distinguished this case from Tukur’s case.
And failed to abide by the decision of the Supreme Court.
The court that has jurisdiction over chieftaincy matter under our constitution is State High Court.
Issue one resolved in favor of the appellant.
The FHC lacked jurisdiction to adjudicate on the matter.
This means that Sanusi Lamido Sanusi remains the Emir of Kano.
