How Judicial Orders in Emir of Kano Tussle is an Embarrassment to the Judiciary: Femi Falana
Senior Advocate of Nigeria, Femi Falana, criticized the recent judicial orders in Kano State, labeling them an embarrassment to the judiciary during an interview with Arise Television on Thursday.
Falana stressed the need for higher courts to resolve the political and judicial confusion in both Kano and Rivers states. He mentioned that Sanusi was not accused of disobeying any order and should have been notified if any order affected him.
He highlighted the broader issue regarding the Supreme Court’s judgments on the limitations of federal high court powers over traditional institutions, stating, “To be a Chief is not a fundamental right; it is a privilege.” He further noted that the state high court’s order in favor of Sanusi added to the confusion and traditionally, the court of appeal would be called upon to clarify such matters, an appeal has already been filed in this instance.
Falana criticized the federal high court’s involvement in matters concerning traditional institutions, emphasizing that only state governments possess legislative power over such issues. He pointed out that the constitution clearly delineates that the National Assembly can legislate only on matters within the exclusive legislative list, while traditional institutions fall under residual powers.
Regarding the ongoing legal dispute over the extension of local government officials’ tenures in Rivers, Falana cited Section 7 of the constitution, which mandates democratically elected local government officials. He noted that a judgment has already deemed the amendment of the law in Rivers as illegal and unconstitutional.
Expressing concern over political figures disregarding Supreme Court decisions, Falana urged the media to challenge such behavior. He warned that extending tenures without proper elections could lead to chaos and insisted that local government elections should be conducted in the same manner as governorship elections.
Falana also criticized the overreach of federal powers in local governance, advocating for a clearer delegation of responsibilities. He called for constitutional reforms to improve the functionality and recognition of local governments, emphasizing that addressing these issues is crucial to maintaining the rule of law and democratic integrity in Nigeria.
