Chieftaincy Disputes: Falana Criticizes Federal Courts' Jurisdiction

Human rights lawyer and Senior Advocate of Nigeria, Femi Falana, has stated that Federal and National Industrial Courts lack the jurisdiction to preside over chieftaincy matters. In a personal statement, Falana criticized the courts for assuming jurisdiction in such cases, describing their decisions as "erroneous" and "unjustifiable" under the Constitution.

Falana cited the Supreme Court's ruling in Tukur v. Government of Gongola State (1987), which established that the right to be an emir is not a fundamental right protected by the Constitution, and therefore, Federal High Courts have no jurisdiction over such matters.

Femi Falana

He argued that the Federal High Court's involvement in the dispute surrounding the deposition of Emir Ado Bayero and the restoration of Emir Sanusi Lamido Sanusi was a clear disregard of the Supreme Court's decision. Falana also noted that the National Industrial Court lacks jurisdiction in chieftaincy matters, as stated in Section 254(C)(1) of the Constitution.

However, he acknowledged that a deposed traditional ruler who was denied fair hearing may still have legal recourse. The legal battle in Kano State continues, with a Federal High Court recently ruling on a human rights violation case filed by the dethroned Emir of Kano, Aminu Ado Bayero, and senior councillor, Aminu Dan'agundi, against the reinstatement of Emir Muhammad Sanusi II.

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