The Court of Appeal in Abuja has directed a fresh hearing in the legal tussle over the Kano Emirate involving Ado Bayero and Muhammadu Sanusi II, citing procedural lapses in the initial trial.
Delivering the lead judgment on Friday, Justice Mohammed Mustapha declared that the Kano High Court acted unfairly by failing to serve Muhammadu Sanusi a hearing notice, effectively denying him the opportunity to present his case.
The conduct of the proceedings without notifying Sanusi amounted to a travesty of justice,” Justice Mustapha said, emphasizing the fundamental right of all parties to a fair hearing.
He noted that courts are bound by law to ensure justice by giving all parties equal opportunities to present their grievances.
The Appellate Court criticized the “shoddy arrangement” under which the Kano High Court delivered judgment against Sanusi without granting him a chance to respond.
“The principles of natural justice demand that no one should be condemned unheard,” the judgment stressed.
In its ruling, the Appeal Court remitted the case to the Chief Judge of the Kano State High Court, with instructions to reassign it to another judge for an expedited and impartial hearing.
Justice Mustapha, however, refrained from awarding costs against the respondents.
The legal battle between Bayero and Sanusi stems from disputes surrounding the Kano Emirate’s leadership and governance