Appeal Court Gives Fresh Order In Kano Emirate Tussle

A three-member panel, led by Justice Mohammed Mustapha, ruled that the judgment delivered by the lower court on July 15 was a nullity, as the appellants’ right to a fair hearing had been violated.

The appellate court found that Bayero was denied a fair hearing due to the manner in which the Kano High Court conducted its proceedings.

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It emphasized that the Kano High Court had failed to serve Bayero with a notice of hearing, denying him the opportunity to present his case.

Justice Mustapha stated that all courts must ensure justice is served by providing all parties with equal opportunities to be heard, and that the proceedings against Bayero amounted to a clear miscarriage of justice.

As a result, the Court of Appeal ordered the case to be returned to the Chief Judge of the Kano State High Court, to be reassigned to a different judge for prompt resolution.

In addressing one of the appellant’s concerns related to fair hearing, the court concluded that Bayero should have been notified and granted access to counsel after his lawyer withdrew from the case on July 4, 2024. Instead, the court continued the proceedings without proper notice, rendering the actions on that day a nullity.

The Court of Appeal upheld the appeal on the grounds of a fair hearing in favor of the appellant. Given this ruling, the court determined there was no need to address other issues raised, as the fair hearing matter took precedence.

However, the appellate court did not impose any costs on the respondents in the appeal filed by Ado Bayero.