In a 2-1 split decision, the Court of Appeal in Abuja has barred the Federal High Court in Kano from handling the Kano Emirate legal dispute, citing lack of jurisdiction. The appellate court emphasized that chieftaincy matters fall under the jurisdiction of the Kano State High Court.
Justice Gabriel Kolawole, delivering the lead judgment, asserted that the Federal High Court had no legal authority to preside over chieftaincy matters. He initially ordered that the case be transferred to the Kano State High Court, the appropriate forum for such disputes.
However, the Presiding Justice, Mustapha Mohammed, along with another Justice, disagreed with the remittance order. They held that the correct approach was to strike out the case entirely rather than transfer it.
The majority ruling concluded that the proceedings at the Federal High Court in Kano be struck out due to its lack of jurisdiction. This decision emphasizes the constitutional boundaries of federal and state court jurisdictions in Nigeria, particularly in traditional and chieftaincy-related issues.
This judgment effectively puts the Kano Emirate legal battle back into the purview of the Kano State High Court. The ruling serves as a precedent, reinforcing the exclusive jurisdiction of state courts over chieftaincy and traditional matters.
Stakeholders in the Kano Emirate dispute will now need to pursue their claims within the appropriate state judicial framework, ensuring adherence to legal jurisdictional boundaries.
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