Connect with us

News

Kano Emirate: Falana speaks on jurisdiction of Federal High Court, Industrial Court

Published

on

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.

Advertisement

“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.

Advertisement

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.”

Advertisement
Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

News

Just in: Gov Soludo reveals those behind kidnapping in SE, says it’s now a lucrative biz

Published

on

… better than oil and drug peddling

Governor Charles Soludo of Anambra State on Saturday disclosed that arrested Finland-based self-acclaimed Biafra agitator, Simon Ekpa “has continued kidnapping for ransom.

Soludo said kidnapping is currently a business that is more lucrative than drugs and oil.

The governor who spoke in Awka, the state capital, said before he became governor, eight local government areas in the state were being controlled by gunmen.

Advertisement

Soludo also recalled how his father was kidnapped in 2009.

 

He said: “Kidnapping is not new, my father had been kidnapped as far back as 2009. GU Okeke, Pokobros and many others have fallen victim too.

 

Advertisement

“Before I assumed office, about eight local government areas were being controlled by gunmen.

“They killed policemen and collected guns, attacked and burnt down police stations and went into the bush to label themselves liberators.

We came in and went to work and cleared them and we recovered the eight local government areas that were under siege. These gangs claim to be Biafra freedom fighters. IPOB has dissociated themselves from it, but one Simon Ekpa has continued kidnapping for ransom.

 

Advertisement

“Kidnapping for ransom is now the most lucrative enterprise, even more lucrative than drugs and oil. For every one naira reported as payment for ransom, five to six naira was not reported.

 

“With a culture that celebrates wealth without craft, even the kidnappers amongst us are now celebrated. Idolatry which these criminals have converted to have become the fastest growing religion in the South-East. Nothing is sacred to them anymore.”

Advertisement
Continue Reading

News

Just in: Obi angry over exorbitant charges by POS operators despite hardship

Published

on

Ex-governor of Anambra State and presidential candidate of the Labour Party, LP, in the 2023 general election, Mr Peter Obi has protested the level of hardship faced by the poor in Nigeria.

The former governor spoke during a visit to the Archbishop Province on the Niger and Bishop of Awka Diocese of Church of Nigeria Anglican Communion, His Grace Alexander Ibezim.

He said: “The hardship in Nigeria is too much, how can the ordinary people survive. The woman who sells pepper by the road side has to pay huge charges to get her own money. How much is her profit margin and how much will remain after paying charges?

“No country is run like that. Don’t bother to interview me on that, I will write officially to the President on this and state all these things.

Advertisement

“These (POS Charges) is too much, no country is run like this,” Obi told journalists who approached him to speak on the matter.

Continue Reading

News

Oborevwori expresses sadness over Edna Ibru’s passage

Published

on

Delta State Governor, Hon. Sheriff Oborevwori, has commiserated with the Ibru family of Agbarha-Otor in Ughelli North Local Government Area of the State on the death of their wife and mother, Mrs. Edna Ibru.

Mrs Ibru, who reportedly died after a brief illness, was the wife of late Olorogun Senator Felix Ovuodoroye Ibru, first Executive Governor of Delta State.

A former Miss Nigeria, Mrs Ibru in 1964, died in London after a brief illness on Wednesday.

In a statement by the Chief Press Secretary to the Governor, Sir Festus Ahon, the governor described the demise of Mrs Ibru as sad and painful, adding that she was a loving wife and mother who supported her husband and family in all his noble endeavours.

Advertisement

He said, “On behalf of the government and people of Delta, I mourn the passing of a great woman of substance, a caring mother and loving wife, Mrs Edna Ibru.

“The news of her death came to me as a shock, especially now that the family members needed her motherly and wise counsel.

“She was a woman of faith who devoted her time in supporting her husband’s political career which culminated in his election as the first Executive Governor of Delta State.”

Oborevwori prayed to God to accept the soul of the deceased and grant fortitude to the family and friends she left to bear the loss.

Advertisement
Continue Reading

Trending

Copyright © 2024 Naija Blitz News