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FHC JUDGEMENT ON KANO EMIRSHIP TUSSLE FAULTY NO COURT ORDER WAS VIOLATED SAYS AMB SHUAIBU BASHIR MUKADDAM:
Published
4 months agoon
Amb Shuaibu Bashir Mukaddam, a legal analyst, raised concerns over the judgment of the federal high court on the emirship tussle in Kano which he called a judgment “shrouded in uncertainty”.
Speaking in an interview with one of the reporters of Grassroots Africa on 25th June 2024. Shuaibu said the Supreme court had countlessly ruled that federal high courts cannot entertain chieftaincy matters and described the judgment as a judgment that raises more questions than answers.
On Thursday, the federal high court in Kano nullified the decisions of Abba Yusuf, governor of Kano, taken on May 23, 2024.
Muhammed Liman, the presiding judge, 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.
On May 23, the Kano governor announced the reinstatement of Muhammadu Sanusi as Emir of Kano.
The governor also ordered the dethronement of Aminu Bayero as Emir of Kano.
LIMITATION OF THE POWERS OF THE FEDERAL COURTS:
Speaking during the interview, he said the supreme court had issued several judgments limiting the powers of the federal court on traditional institutions. He further averred that the judgments of the supreme court are binding on all authorities in the country.
Shuaibu said the apex court had ruled that being a chief is not a fundamental right and issues of chieftaincy should not be entertained by a federal high court. He made reference to similar statements said by learned silk Femi Falana SAN in an interview with Arise TV reported by The Cable NG.
(https://www.thecable.ng/falana-court-order-on-kano-emirship-tussle-confusing-judge-ignored-scourt-rulings/amp/)
He also expressed bewilderment at the recent court ruling, describing the judge’s decisions as contradictory and perplexing. The judge’s assumption of jurisdiction over one aspect of the case while refusing to address the core issue – the legitimacy of the Kano emirates law – has created confusion. He also questions the logic of nullifying actions taken under a law without examining the law’s validity. Also the core issue of his speech was that there was no order violated as the parties were not served by the other and that the requirements for the publication on media which the court is capitalizing on wasn’t properly met with.
“The judgement is shrouded in uncertainty” Shuaibu Mukaddam said.
“I am compelled to express my concerns over the recent judgment of the federal high court on the emirship tussle in Kano, which I believe is a judgment ‘shrouded in uncertainty’. It’s something we’re all aware of that the Supreme Court has consistently ruled that federal high courts lack the jurisdiction to entertain chieftaincy matters. And the decisions of the supreme court are binding on all courts in the nation consequently no discretion was given to courts but to follow.
The federal high court in Kano’s decision to nullify the decisions of Governor Abba Yusuf, taken on May 23, 2024, is perplexing. The presiding judge, Muhammed Liman, acknowledged the interim order previously granted by the court but failed to address the core issue – the legitimacy of the Kano Emirates Council Law 2024.
The Supreme Court has repeatedly ruled that chieftaincy matters are outside the purview of federal courts. Issues of chieftaincy are not fundamental rights, and federal high courts should not entertain them. As said by learned silk Femi Falana SAN in an interview with Arise TV reported by The Cable NG (https://www.thecable.ng/falana-court-order-on-kano-emirship-tussle-confusing-judge-ignored-scourt-rulings/amp/)
I’m also bewildered at the recent court ruling, the judge’s decisions is contradictory and perplexing. The judge’s assumption of jurisdiction over one aspect of the case while refusing to address the core issue – the legitimacy of the Kano emirates law – has created confusion. What’s the logic of nullifying actions taken under a law without examining the law’s validity?” He said.
NO COURT ORDER WAS VIOLATED:
He went further to say “The most important of what I want to point out is that neither Sanusi nor the Kano state governor disobeyed any court order and that the court’s decision was based on a flawed assumption that the parties were aware of the order due to social media reports. See (https://tribuneonlineng.com/emirate-tussle-falana-faults-recent-court-orders-in-kano/)
What the court did say is that the order made by him, on the 24th of May, which according to him was served on the 1st and 4th defendant, i.e. the governor and the attorney general on the 27th of May, they were deemed to have had knowledge of the order because the order was reported on social media.
Sanusi or the Governor did not disobey any order, so if the order affected them, it ought to have been put on notice.
In Regt Trustees PCN V Etim (2017) 13 NWLR P 1581 (1) SC when speaking on Importance of service of court process on a party held that:
“Service of process of court in a trial, is what the spinal cord is to a human being”. (P. 31, paras. C)
It’s an undisputed fact that there was no proper service in the case which raises concerns on what’s the effect of failure to serve court process where service is required –
Failure to serve a process where service of a process is required renders null and void any order made against the party who should have been served with the process. No court has jurisdiction to entertain any suit in which process are not served or properly served. Service of process on parties so as to enable them appear to prosecute and defend the case respectively, and also ensure their due appearance and those of their respective counsel in court, are foundational conditions to be seen to have been fulfilled before a court can have competence and exercise jurisdiction over a case. This was given judicial echo in Integrated Builders v. Domaq Ventures (Nig.) Ltd. (2005)2 NWLR (Pt.909) 97; Otonaimere v. Akporehe (2000) 14 NWLR (Pt.894) 591; Ngige v. Achukwu (2005)2 NWLR (Pt.909) 123 referred to.] (P.109, paras. D-E)
What’s the position of the law on how to notify parties the pendency of suit the best notification to parties in respect of any litigation is one communicated personally to the individuals concerned. See the case of Ononye V Chukwuma (2005) 17 NWLR Pt (953) 92.
It’s clear that the parties haven’t been properly served with the exparte order as acknowledged by the court, the question now is does the news of the order in media suffices the condition for service the answer is a straight NO service via media or any other online platform is referred in law as substituted service and it’s only effected when personal service has been attempted but failed has personal service been attempted here the answer is NO because as at the time the order was published online service was not attempted it’s clear from how service was effected on the 27th this undermines the judicial process as a fundamental aspect of the trial which suppose to come first was skipped for the second. Before a substituted service can be effected there must be an application for that and certain procedures must be followed. This was distilled out in the case of Ononye V Chukwuma 2005 17 NWLR Pt (953) 92 where the court held that:
Where it is necessary to adopt substituted service, the plaintiff makes an application to the court by ex parte motion. The affidavit in support should state the grounds on which the application is based as well as the form of substituted service, which is proposed. The abortive efforts made for personal service should be deposed to. If the reason for the application is evasion of service by the defendant, a mere statement to that effect is not enough.
The grounds for the statement must be given. So also are the reasons for the form of substituted service proposed. Other material averments are the date of the issue of the writ, how long it has remained unserved; whether the defendant is normally within the jurisdiction and was within it at the date of issue. If he is outside the jurisdiction, then when he left it and why, if know. In the instant case, the respondent did not apply to the trial court for an order of substituted service. The trial court did not make any order for substituted service when the writ of summons was issued on the 28th of April, 1999. It was not until the 23rd of July, 1999, that the trial court granted the respondent’s application for substituted service nearly three months after the writ of summons was issued. (P.116, paras. C-F)
Sadly none of the aforementioned was done I hereby hold that there was no court order violated because the order lacks legal enforceability due to the lack of proper service which touches on the fundamental issue in the suit” Said Mukaddam.
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The Kano State Police Command has made a significant breakthrough in its fight against thuggery, arresting notorious thug Inuwa Zakari, aka “Gundura,” and 14 others. This was discosed by the command’s public relations officer, SP. Abdullahi Haruna Kiyawa.
Gundura, 24, was wanted for terrorizing the state metropolis and was identified as the assailant who attacked a Vigilante Commander, inflicting life-threatening injuries, and damaged a police vehicle.
The Arrests
The arrests were made during clearance operations conducted between October 25-27, 2024, following directives from the State Commissioner of Police Salman Dogo Garba to launch aggressive operations against thuggery. The police sends red and clear signals that such violent activities will not be tolerated.
Investigation and Prosecution
The suspects are currently undergoing investigation at the Command’s Criminal Investigation Department. Once complete, they will be charged to court to face the full wrath of the law.
Community Cooperation
The Commissioner of Police appreciates the public’s continued support and cooperation.
Background
This isn’t the first time the Kano State Police Command has taken decisive action against criminal activity.
The Kano police command previously arrested 269 suspects for looting during a protest in August 2024.
He urges everyone to report suspicious activities to the nearest police station or through emergency contact numbers: 08032419754, 08123821575, 09029292926.
Featured
FCDA Land Revocation: 3,273 allottees, SGF, Akume, Gbajabiamila , Buhari children to lose Land ownership.
Published
1 month agoon
October 5, 2024Two weeks notice has been issued by the Federal Capital Territory Administration (FCTA) to 3,273 allottees who are mostly top government officials serving in the current administration of president Bola Tinubu with threats to revoke the Certificates of Occupancy of plots of land they owned.
Also affected are prominent individuals and corporate organizations. Notable individuals affected include are high-ranking government officials,
Former governors,
Serving and former lawmakers and
Prominent business leaders.
The FCTA’s move according to the notice is aims to address infrastructural development in Maitama II (A10) District. Landowners are advised to settle their bills promptly to avoid losing property rights.
Notice Details:
– 3,273 allottees affected
– Two-week notice period
– Reason: Infrastructural development in Maitama II (A10) District
Affected Individuals:
– Yusuf Buhari and Zahra Buhari (children of former President Muhammadu Buhari).
– Femi Gbajabiamila (Chief of Staff to President Bola Tinubu).
– Abbas Tajudeen (Speaker of the House of Representatives).
– George Akume (Secretary to the Government of the Federation).
– Olubunmi Tunji-Ojo (Minister of Interior)
– Bukola Saraki (Former Senate President).
– Yakubu Dogara (former Speaker of the House of Representatives).
– Ovie Omo-Agege (former Deputy Senate President).
– John Eno (Minister of Sports).
– Abubakar Kyari (Minister of Agriculture and Food Security).
– Chris Nigige (former Minister of Labour and Employment)
Former Governors:
– Theodore Orji
– Rochas Okorocha
– Ibikunle Amosun
– Tanko Al-Makura
– Joshua Dariye
– Gabriel Suswam
– Ibrahim Shekarau
– Okezie Ikpeazu
– Jonah Jang
– Seriake Dickson
– Adamu Muazu
– Bukar Abba Ibrahim
Serving and Former Lawmakers:
– Dino Melaye
– Kabiru Marafa
– Stella Oduah
– Danjuma Goje
– Ben Bruce
– David Umaru
– Saliu Mustapha
– Biodun Olujimi
– Andy Uba
– Sunday Karimi
– Olumide Osoba
– Nicholas Ossai
– Emmanuel Bwacha
– Osita Izunaso
– Julius Ihonvbere
– Wole Oke
– Kabiru Gaya
– Beni Lar
– Leo Ogor
– Darlington Nwokocha
– Petet Nwaoboshi
– Oker Jev
– Lynda Ikpeazu
– Khadijat Ibrahim
– Obinna Chidoka
– Philip Aduda
– Smart Adeyemi
– Chukwuka Utazi
– Timothy Golu
– Edward Pwajok
– Ali Ndume
– Ben Obi
– Binta Garba
– Teslim Folarin
Other notable individuals:
– Adamu Abdullahi (former National Chairman of the APC)
– Ameh Ebute (third Republic Senate President)
Key Points:
-Two-week deadline to settle outstanding payments.
– Infrastructural development cited as reason for notice.
– Failure to pay may lead to withdrawal of Rights of Occupancy and reallocation of lands
The notice warns that failure to pay outstanding land bills, rents, fees, and charges within the stipulated period will result in the withdrawal of the Rights of Occupancy and reallocation of the lands.
Alhaji Dauda Isma’il Mameh
I, known and address as ThankGod Simon Mameh and David Simon Mameh now wish to be known and address Alhaji Dauda Isma’il.
All former documents bearing David Simon Mameh and or ThankGod Simon Mameh remain valid.
The public and everyone doing business with us should take note please.
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