Kano Emir Tussle: Court Ruling Strange, Confusing – Prof. Yadudu
A renowned constitutional lawyer, Professor Auwalu Yadudu, has described the pronouncements by Justice Abdullahi Muhammad Liman of the Federal High Court, Kano, over the Emirship tussle as strange, confusing and baffling.
Professor Yadudu noted that Justice Liman in his ruling on the matter, approbated and reprobated in the same breath, stressing that the development was not helpful for the judicial process in the country.
The former Adviser on legal matters to late Head of State, General Sani Abacha, said that all that took place in the Court were avoidable as they were not helpful for the judicial process, adding that it was strange and doesn’t speak well of the judge.
Commenting on whether the Kano governor’s actions came before and after the exparte order, Yadudu said it was a question of fact or evidence, adding however that it seems from available record that the order came after.
He particularly noted that while Justice Liman assumed jurisdiction on the fundamental human rights aspect, he refused the same on the validity of the substance of the case which is the Kano emirates law.
In the words of Yadudu; “The judge muddled up the case, and it is very unbecoming of a judge who has now been elevated to the Court of Appeal”.
Yadudu, however explained that while he was not accusing the judge of any impropriety, his pronouncements were unbecoming.
He further said; “How can you say the actions taken in pursuant of a law are set aside, and then say you are not delving into the validity of the said law?”
The erudite professor of law specifically said that Justice Liman had more or less held that he lacked jurisdiction on the issue by transferring the case to another judge, but went ahead to set aside the governor’s actions.
Yadudu explained that the ex-parte order should no longer be of any currency since it is being challenged at the Appeal Court, stressing that the judge equally admitted knowledge of this by granting a stay of proceedings and also deciding not to grant an order to nullify the law.
