The Court of Appeal, Abuja Division, on Friday, has ordered a fresh hearing of the legal tussle between Ado Bayero and Mohammed Sanusi over the Kano Emirate throne.
A three-member panel of the appellate court, led by Justice Mohammed Mustapha, declared judgment of the lower court on July 15 a nullity, adding that the appellants’ right to a fair hearing was not respected.
According to the Appellate court, facts presented showed that the Kano High Court did not give Bayero a fair hearing when it determined the matter against him.
Describing the action of High Court court as ‘shoddy’, the Court of Appeal observed that the lower court erred by not serving Bayero a hearing notice, which denied him the opportunity to present his case.
Justice Mustapha stressed that it was obligatory on all courts to ensure that all parties to a dispute are given equal opportunities to present their cases.
The Appellate court also held that Sanusi should have been served notice to submit his grievances before the judgment was delivered, adding that the proceedings of the Kano High Court tantamount to a travesty of justice.
It nullified the ruling of the lower Court and ordered that the case be returned to the Chief Judge of the Kano State High Court for reassignment to another judge for a speedy disposal.
On the issue of fair hearing the Appellate Court faulted the continuation of the suit after the withdrawal of the appellant’s counsel on July 4, 2024, instead of granting him access to legal representation.
The court declared the action of the lower court a nullified the entire proceedings that took place on that day.
It upheld the appeal on the issue of a fair hearing in favour of the appellant, noting, however, that since the issue of fair hearing had been resolved, there was no need to address other matters raised in the appeal.