The Court of Appeal in Abuja has nullified a previous judgment by the Kano State High Court in the legal battle over the Kano Emirate involving Ado Bayero, ordering a fresh hearing.
A three-member panel of justices, led by Justice Mohammed Mustapha, ruled that Bayero was denied his right to a fair hearing during the initial proceedings.
The appellate court criticized the Kano High Court for proceeding with the case without serving Bayero a hearing notice, which would have allowed him to present his defense.
Justice Mustapha stated, “Courts are bound to ensure justice for all parties by giving equal opportunities to present their cases. The conduct of the Kano High Court amounted to a travesty of justice.”
The Appeal Court directed that the case be returned to the Chief Judge of the Kano State High Court for reassignment to another judge. The court emphasized the need for an expedited and fair resolution.
The judgment also addressed concerns about Bayero’s legal representation. The court noted that after Bayero’s lawyer withdrew from the case during proceedings on July 4, 2024, the Kano High Court should have ensured Bayero was notified and given the opportunity to secure another lawyer. The failure to do so rendered the proceedings invalid.
The appellate court upheld Bayero’s appeal on the issue of fair hearing, stating that this superseded all other matters raised. Justice Mustapha explained, “Once the issue of fair hearing is resolved, other matters become secondary.”
No costs were awarded against the respondents in Bayero’s appeal.
The case will now be reassigned to another judge in the Kano State High Court for a fresh and fair determination of the dispute.
