Appeal court orders retrial in Kano emirate dispute

The Court of Appeal, Abuja Division, on Friday directed a retrial in the Kano Emirate legal dispute involving Ado Bayero and Mohammed Sanusi. A three-member panel of the Court of Appeal, led by Justice Mohammed Mustapha, nullified the judgment delivered by the lower court on July 15.

The appellate court ruled that the appellant’s right to a fair hearing had been violated. It further held that Ado Bayero was denied a fair hearing due to the procedural flaws in the Kano High Court’s handling of the case.

The court observed that the Kano High Court acted unfairly by proceeding with the case without serving Ado Bayero a hearing notice, effectively denying him the chance to present his defence.

Justice Mohammed Mustapha stressed that all courts must uphold justice by granting all parties an equal opportunity to present their cases.

The panel further noted that Mohammed Sanusi should have also been served notice to present his grievances before the judgment was rendered against him.
The Court of Appeal criticized the lower court’s judgment as “shoddy,” describing the Kano High Court’s proceedings as a travesty of justice.

As a result, the appellate court directed that the case be returned to the Chief Judge of the Kano State High Court for reassignment to a different judge for prompt determination.

Regarding the issue of fair hearing, the Court of Appeal held that the appellant should have been notified and allowed to secure legal representation after his lawyer withdrew from the case during proceedings on July 4, 2024.
The court noted that the lower court’s decision to proceed with the hearing without properly notifying the appellant rendered the entire proceedings on that day null and void.

On this basis, the appellate court upheld the appeal in favour of the appellant on the grounds of a fair hearing.

The court further stated that resolving the issue of a fair hearing made it unnecessary to address other matters raised in the appeal, as the right to a fair hearing takes precedence over all other considerations.