“Federal High Court lacks jurisdiction over chieftaincy matters”, Expert tells Tinubu

By KEMI KASUMU

“The legal department of the Police/DSS respectively ought to write a formal legal opinion advising the Commissioner of Police and the State Director of DSS to have nothing to do with an injunction issue by a Federal High Court on Chieftaincy affairs.”

President of Nigeria and Leader of All Progressives Congress (APC), Mr. Bola Ahmed Tinubu, has been advised about why the judiciary arm of the Federal Government he leads should not interfere in the matter regarding the Emirate of Kano State.

A legal expert, who wrote as an anonymous in a statement addressed to “Mr. President CinC” and circulated across social.media platforms at the weekend, said chieftaincy is not an item in Section 251 of the Constitution of the Federal Republic of Nigeria 1999 as amended.

He said chieftaincy matters remain a residual issues within the Constitution over which only the state government and the local government have powers of control and administration.

The unnamed legal expert said, “The Federal High Court doesn’t have the jurisdiction to hear and determine Chieftaincy matters.

“Chieftaincy matters remain a residual issues within the Constitution that only the State government and the local government have powers of control and administration.

“Only the state high court or customary court, grand Kadi Court in the North have jurisdiction to hear and determine issues relating to Chieftaincy.”

He then spoke in what looks like joining the Kano State government’s position about why a purported order of Federal High Court sitting Kano, which seeks to stop implementation of the state’s legislative decision as passed in the new Kano Emirate Law, cannot be binding on state.

“Therefore injunction relating to Chieftaincy cannot be validly issued by the Federal High Court.

“The jurisdiction of court is a threshold issue. Order of Court made without jurisdiction goes to nullity.

“The legal department of the Police/DSS respectively ought to write a formal legal opinion advising the Commissioner of Police and the State Director of DSS to have nothing to do with an injunction issue by a Federal High Court on Chieftaincy affairs.

“Federal High Court is a revenue court and has exclusive jurisdiction on items strictly listed in Section 251 of the Constitution of the Federal Republic of Nigeria 1999 as amended,” the legal expert said.

In addition to the point being laid out, the President’s attention was pointed to “See the case position of the Supreme Court Onuah Vs. kaduna Petrol chemical Refinery etc where the apex court rules on the jurisdiction of the Federal High Court.

“Chieftaincy is not an item in Section 251 of CFRN 1999 as amended.”

The DEFENDER reports that the anonymous statement flying around on social matter must have followed the reports on the Thursday May 23, 2024 claiming that operatives of Department of State Services (DSS) had stormed the Palace of Emir of Kano over the reinstatement of 14th Emir of Kano Alhaji Muhammadu Sanusi II as the 16th Emir of Kano following the newly legislated Kano Emirate Law assented to by the Governor, Alhaji Abba Kabir Yusuf.

The DSS state director,  however, swiftly denied the report saying the personnel deployed to the palace was because of the visit of tge First Lady, Senator Oluremi Tinubu, only for them to learn while at the palace that visit by the number one wife in Nigeria had been cancelled.

Cancellation of the Tinubu’s visit was said to have been precipitated by Emir of Kano (Ibrahim Ado Bayero intended) not being in town.

This globalised multi-lingual online newspaper had reported that 15th Emir of Kano Aminu Ado Bayero, at the time news of the newly passed law broke, had already travelled out of Kano as 14th Emir of Kano Muhammadu Sanusi II was warming up to return to the state he left after his deposition six years ago in 2019, to resume his position as the 16th Emir of Kano.

In the meantime, a viral viral video watched by this reporter, showing a car escorted by a van painted in military colours, was circulated across the social media space with a comment.

Military

“BREAKING: Military officers have arrived at Gidan Nassarawa to escort the 15th Emir of Kano, HRH Aminu Ado Bayero, to the Main Emir’s Palace where the 16th Emir of Kano, Muhammad Sanusi II, is located.

“Meanwhile, the Deputy governor of Kano, accompanied by his security personnel, remains alongside Emir Sanusi Muhammad II in a commitment to not depart from the palace,” the comment said.

Fact-check

The DEFENDER’s independent investigation is ongoing to know the fact of the context, occupant being escorted and mission in the location being projected in the viral video as palace of Emir of Kano.