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Kano Emirate: Falana speaks on jurisdiction of Federal High Court, Industrial Court
Human Rights lawyer and Senior Advocate of Nigeria, Femi Falana, on Tuesday, said the Federal High Court and the National Industrial Court have no jurisdiction to determine chieftaincy matters.
Falana, in a statement he personally signed, which was obtained by our correspondent in Abuja, accused both courts of separately conferring, “jurisdiction on themselves to determine chieftaincy matters.”
Falana described both decisions as, “highly erroneous” as they cannot be justified under sections 251 and 254(C) of the Constitution. Adding that both courts conveniently overruled the judgments of the Supreme Court and the Court of Appeal on the subject matter.
He said, “The intervention of the Federal High Court in the dispute arising from the deposition of Emir Ado Bayero & Co. as well as the restoration of Emir Sanusi Lamido Sanusi is a brazen repudiation of the decision of the Supreme Court in the celebrated case of Tukur v Government of Gongola State (1987) 4 NWLR (117) 517 where it was held that “The question raised in this claim is not a fundamental right question.
“As in the first prayer, the right to be Emir is not guaranteed by the Fundamental Rights provisions of the Constitution and the Federal High Court has no jurisdiction whatever in the matter. The Court of Appeal was, therefore, not in error of law to hold that the Federal High Court has no jurisdiction to grant the two reliefs.
“Since the apex court has said that the right to be an Emir is not a fundamental right under chapter four of the Constitution, the Federal High Court sitting in Kano ought to have declined jurisdiction to continue to entertain the dispute over the chieftaincy matter in Kano. In any case, the allegation of infringement of the fundamental rights of the Applicants is an ancillary claim to the substantive reliefs emanating from the deposition and reinstatement of the embattled emirs.”
In FCMB Plc v Nyama (2014) LPELR-23973 AT 19-20, the Court of Appeal held that: “Now it is settled that where an application is made under the fundamental Right (Enforcement Procedure) Rules, a condition precedent to the exercise of the court’s jurisdiction is that the enforcement of fundamental rights of the securing of enforcement thereof should be the main claim and not the accessory claim. Where the main or principal claim is not the enforcement of fundament right, the jurisdiction of the court cannot be properly exercised under Fundamental Rights (Enforcement Procedure) Rules.”
A Federal High Court in Kano last week ruled that it has jurisdiction to hear the human rights violation case filed by the dethroned Emir of Kano, Aminu Ado Bayero, and senior councillor, Aminu Dan’agundi, following the reinstatement of Emir Muhammad Sanusi II.
The court issued an ex-parte order preventing Governor Abba Yusuf of Kano from reinstating Sanusi until a substantive suit against the reinstatement is resolved.
The order also opposed the abolishment of four emirates—Bichi, Gaya, Karaye, and Rano—under a bill previously passed by the state House of Assembly.
Ending his submission, Falana said, “I submit, with profound respect, that section 254(C)(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended has not conferred jurisdiction on the National Industrial Court to hear and determine chieftaincy matters.
“However, a traditional ruler who was deposed by a state governor without fair hearing is not without a legal redress.”
By Francesca Hangeior
The All Progressives Congress has congratulated the Ondo State Governor, Lucky Orimisan Aiyedatiwa, on his re-election in the just-concluded governorship election.
Aiyedatiwa won the election, having polled a total of 366,781 votes across all 18 Local Government Areas of the state.
He defeated his closest rival — Agboola Ajayi of the Peoples Democratic Party, who got 117,845 votes.
In a statement issued by the APC National Publicity Secretary, Felix Morka, on Sunday, and made available to PUNCH Online, the party described Aiyedatiwa as a “clear attestation” that his administration’s policies “resonated deeply with the electorate.”
The statement read, “The All Progressives Congress (APC) heartily congratulates the Governor of Ondo State, His Excellency, Lucky Orimisan Aiyedatiwa, on his re-election.
“Your Excellency’s resounding victory in the just-concluded Ondo State gubernatorial election is a clear attestation that your administration’s policies and programmes and campaign message of hope and consolidation have resonated deeply with the electorate.
*** says 163 victims saved between July, November
By Francesca Hangeior
The Nigerian in Diaspora Commission, NiDCOM, has successfully facilitated the rescue and repatriation of 13 trafficked Nigerian women from Ghana, bringing the total number of victims returned over the past five months to 163.
This was revealed in a statement by Abdur-Rahman Balogun, NiDCOM’s Director of Media, Public Relations, and Protocols.
The operation, executed through collaborative efforts, involved the Ghanaian Anti-Human Trafficking Police Unit, Rescue Live Foundation International, NIDO Ghana, and NiDCOM.
The latest group of rescued women, aged 19 to 30 years, hails from Ebonyi, Benue, Kaduna, and Rivers States.
It was gathered that they were lured to Ghana under false pretenses of employment but were subjected to exploitative conditions and coerced into secrecy oaths while their traffickers profited from their ordeal.
NiDCOM’s Chairman/CEO, Hon. Abike Dabiri-Erewa, expressed her gratitude to key supporters, including Nigeria’s First Lady, Senator Oluremi Tinubu, and Ebonyi State Governor, Francis Nwifuru, for their roles in ensuring the safe return of the victims.
She also praised Chief Callistus Elozieuwa, BOT Chairman of Rescue Live Foundation International/NIDO Ghana, and the Ghanaian Anti-Human Trafficking Police Unit for their commitment to prosecuting the traffickers.
Dabiri-Erewa reiterated NiDCOM’s commitment to protecting Nigerians abroad, aligning with President Bola Tinubu’s Renewed Hope Agenda, which prioritizes combating human trafficking and safeguarding citizens’ rights.
Upon arrival in Nigeria, the women were handed over to the National Agency for the Prohibition of Trafficking in Persons, NAPTIP, for rehabilitation and reintegration.
NiDCOM representative Akinboye Akinsola, who accompanied the women, noted that they willingly sought assistance after learning about previous rescue efforts in Ghana’s Kpone Katamanso and Tema regions.
Chief Callistus Elozieuwa highlighted the support provided to the women in Ghana, including temporary shelter, before their return to Nigeria.
Valentine Okike Uzo, Senior Special Assistant to the Governor of Ebonyi State, commended Governor Nwifuru’s dedication to supporting indigenes both at home and abroad. He assured that measures are in place to ensure proper rehabilitation for those returning to Ebonyi State.
By Francesca Hangeior
The Chairman/CEO Nigerians in Diaspora Commission (NIDCOM) Hon. Abike Dabiri-Erewa, has congratulated Nigeria’s Chidimma Adetshina for emerging second at Miss Universe 2024, describing it as a reward for her doggedness and resilience.
In a congratulatory statement issued by Abdur-Rahman Balogun, Director of Media, Public Relations and Protocols of the Commission, the NIDCOM boss was excited that despite all odds, Chidimma remained focused and attained her goals.
Dabiri-Erewa said though Chidimma Adetshina as Nigeria’s representative, finished as the first runner-up at the 73rd Miss Universe Competition held in Mexico, her courage, determination and support from Nigeria eventually paid off. She was also named Miss Africa and Oceania 2024.
Dabiri-Erewa recalled Adetshina’s controversial official withdrawal from the Miss South Africa 2024 contest, of which she had advanced to the final stage ,some few months back, noting that Nigeria warmly welcomed her, after being literally forced out of South Africa.
While in Nigeria, accompanied by President Silverbird group, Mr Guy Murray Bruce, Chidinma was warmly received at the NIDCOM Lagos office, and thereafter hosted to a grand reception at Idris Olorunnibe’s “The Temple,” Victoria Island ,with music legend, Dbanj in attendance.
Describing her as brilliant, focussed and determined, she urged others to emulate the spirit of Nigerianess in Chidimma by being proud of the country and not run it down under whatever guise.
The competition, described as one of the most thrilling in recent years, celebrated the talents, intelligence, and elegance of women from around the globe.
Nigeria came second behind Miss Denmark, Victoria Kjaer Theilvig, who won the keenly contested crown from Miss Universe 2023, Sheynnis Palacios of Nicaragua.
It will be recalled that Chidimma was rejected by South Africa who expressed worries and questioned her nationality.
Due to that, Adetshina came to Nigeria to represent Taraba State and won the title of Miss Universe Nigeria.organised by the Silverbird group.
#OndoDecides2024: APC congratulates Aiyedatiwa, applauds Ondo electorate
NiDCOM rescues 13 trafficked Nigerian women from Ghana
Dabiri-Erewa celebrates Chidimma’s emergence as First Runner up, Miss Universe
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