By Abiola Olawale
A radical legal luminary and a Senior Advocate of Nigeria (SAN), Mr Femi Falana, has described the recent order by Justice Mohammed Liman of the Kano Federal High Court as a mockery of the rule of law.
The human rights lawyer who reacted to the development on the emirship tussle rocking Kano State said the judgement given by the Federal High Court on Thursday is confusing.
Falana who spoke with the press said the order was confusing because the Supreme Court had already ruled that federal high courts do not have jurisdictions on chieftaincy matters.
He added that the Supreme Court had issued two separate judgments limiting the powers of the federal court on traditional institutions.
He also stressed that the judiciary must uphold legal precedents, referencing Supreme Court decisions.
He said: “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.”
The New Diplomat reports that on Thursday, the federal high court in Kano nullified the decisions of Governor Abba Yusuf of Kano State to implement the Emirates Council Law 2024, taken on May 23, 2024.
The presiding judge, Justice Liman held that the defendants were aware of an interim order previously granted by the court but ignored it and implemented the Kano Emirates Council Law 2024.
The judge, however, ruled that his order did not affect the validity of the emirate law passed by the state House of Assembly.
It would be recalled also that on May 23, Yusuf announced the reinstatement of Sanusi Lamido Sanusi II as Emir of Kano.
The governor also ordered the dethronement of Aminu Bayero as Emir of Kano.
