Law & Human Rights

July 11, 2024

Recent conflicting orders of courts of concurrent jurisdiction

court

Conflicting judicial orders from courts of concurrent jurisdiction have recently intensified political tensions in Nigeria, creating significant confusion and uncertainty. Here are recent conflicting orders:

Emir of Kano:

On May 28, 2024, a Federal High Court in Kano State ordered the reinstated Emir of Kano, Lamido Sanusi, to vacate the Gidan Rumfa Palace for his rival, Aminu Ado-Bayero. The Gidan Rumfa is the main palace of the emir, located at Kofar Kudu. The court also directed security agents to ensure that all rights and privileges accorded to Mr. Ado-Bayero are restored.

This order conflicts with an earlier one issued by a Kano State High Court judge, which instructed security agents not to remove Mr. Sanusi from the palace. On May 27, 2024, state high court judge Amina Aliyu ordered the police to evict Ado-Bayero from the mini palace at the Nassarawa GRA, where he had stayed since his return to Kano on May 25.

Rivers Budget:


On January 23, 2024, confusion and disquiet ensued in Rivers State as two Federal High Courts in Abuja issued conflicting orders regarding the political crisis in the state.

On that day, a Federal High Court nullified the Rivers 2024 Appropriation Bill of N800.3 billion, which had been passed by a faction of the House of Assembly led by former Speaker Edison Ehie and signed into law by Governor Siminalayi Fubara. The court ordered the governor to re-present the budget to the Mr. Martin Amaewhule-led House.

In his judgment, Justice James Omotosho held that the budget was invalid as it was not properly presented before the Rivers State House of Assembly, as required by law. The court recognized Amaewhule as the authentic Speaker of the Rivers State Assembly and directed Governor Fubara to re-present the budget to the legislative house for approval.

However, a few hours later, another court ordered all parties in the matter to maintain the status quo pending the determination of an ex-parte motion filed by six elders of the state to stop Governor Fubara from re-presenting the 2024 budget before the Amaewhule-led faction of the Assembly. Justice J. Abdulmalik ordered substituted service of the application on all defendants and adjourned the matter till February 28 for a hearing.

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