Femi Falana, coalition of lawyers disagree over Federal High Court ruling on Kano Emirate

Human rights lawyer, Femi Falana (SAN), has disagreed with a group of lawyers that backed the judgment of the Federal High Court in Kano, which said it vindicates the popular stance on what it calls the Kano State Government’s illegal actions in dissolving the five Kano Emirates system and dethroning Alhaji Aminu Ado Bayero as 15th Emir of Kano.

On Thursday June 20, the Federal High Court, which declared the Kano Emirate Council (Repeal) Law 2024 as valid, however went ahead to overturn the actions taken by Kano’s Governor Abba Yusuf, on May 23, 2024.

The presiding judge, Muhammed Liman, stated that the defendants were aware of an existing interim order but disregarded it by enforcing the Kano Emirates Council Law 2024.

However, Liman clarified that his ruling did not invalidate the emirate law passed by the state assembly.

Falana noted in an interview with Arise TV that the Supreme Court had issued two separate rulings restricting the federal court’s authority over traditional institutions, emphasising that the Supreme Court’s decisions are binding on all authorities in the country.

He reiterated that being a chief is not a fundamental right and that federal high courts should not handle chieftaincy issues.

“The order is a bit confusing.

“But what is important, which the learned judge did not address in his ruling, is the convenient way in which two solid judgments of the Supreme Court on the limitation of the power of the federal high courts to interfere in the affairs of traditional institutions.

“It cannot be done via fundamental rights application. I listened to him; his lordship was talking about the need to respect the rule of law.

“In any country that loudly claims to pronounce and operate under the rule of law, the judgments of the Supreme Court are binding on all authorities.

“It is a mockery of the rule of law if the high court judge decides to ignore or overrule the judgments of the supreme court.”

Meanwhile, a group of lawyers under the National Coalition of Northern Lawyers and Public Interest Activists (NCNLPIA) backed the ruling annulling Muhammadu Sanusi II’s reinstatement as Emir of Kano.

The group said the judgment vindicates the popular stance on the Kano State Government’s illegal actions in dissolving the Kano Emirates and dethroning Emir Ado Bayero.

At a press conference on Friday, convener Barrister Napoleon Otache commended the court for upholding the rule of law and protecting the sanctity of traditional institutions, adding that the ruling is a victory for justice, truth, and the people of Kano State.

“In nullifying the illegality embarked upon by the Kano State Governor, Abba Kabir Yusuf and his associates, the court has again proven that the judiciary is the last hope of the common man,” Otache said.