Sanusi vs Bayero: Is Federal High Court Above State High Court? Fact Emerges
The claim that the federal high court is above any state high court is misleading. As a legal practitioner, Wale Adeagbo disclosed that the Nigerian constitution does not place one above the other.
The claim was made by a Nigerian with the handle Sambo Mai Hula @Abdullahiabba_ while writing on the conflicting orders issued by the Federal High Court in Kano and the Kano State High Court over the royal tussle in the state.
The federal high court is not above any state high court
Photo Credit: @ImranmuhdzSource: Twitter
Sanusi vs Bayero: Two court gives conflicting orders
Earlier in the week, the two high courts issued orders to the police and other security agencies for and against the deposed Emir Aminu Ado Bayero and the reinstated Muhammadu Sanusi II.
Justice S. Amobeda of the Federal High Court in Kano issued a directive to the inspector general of police, Kayode Egbetokun, and the commissioner of police in the state, Hussain Gumel, to ensure that the deposed Ado Bayero gets all the rights and privileges as the Emir.
On the other hand, Justice Amina Aliyu of the Kano state High Court ordered the police, the Department of State Services and the Nigerian Army not to evict the reinstated Emir of Kano, Sanusi, from the palace.
Sambo Mai Hula, in a tweet on the development, said:
“The Federal High Court is above any State High Court.
“Do not be deceived, HRH Alhaji Aminu Ado Bayero is still the Emir of Kano Emirate.
“Do not go out there to fight with anyone as Sunusi Lamido Sunusi is getting evicted from Gidan Rumfa.
“Achraf Sunusi will not fight with the Security Agencies, neither will any of their Close Family or Friends, so do yourself a favour and stay at home.”
Lawyer on superiority of state, federal high court
Because of the weight of the claim, TheTalk.NG spoke to Adeagbo, a lawyer, to find out if the position of Sambo Mai Hula was in accordance with the constitution.
Adeagbo said:
“They are both of co-ordinate jurisdiction and power. They are both High Courts, just that one is a State High Court and the other is a Federal High Court. The Constitution has not placed any of them above another.
“It’s very simple: the orders are both Ex-Parte Orders, which do not last forever. Generally, an ex-parte order lasts for only 7 days. On the sight of this conflicting Ex-Parte Order, the Parties involved should maintain status quo including the Police. They should go to Court to challenge the real issue.”
Source: TheTalk.NG
