By Miracle Ogunde
The Court of Appeal, Abuja Division, on Friday, declared the judgment delivered by the lower court on July 15 on the Kano Emirate legal dispute between Ado Bayero and Mohammed Sanusi, a nullity.
A three-member panel of the appellate court, led by Justice Mohammed Mustapha, has ordered a fresh hearing into the matter.
As reported by PUNCH, the Court of Appeal held that the appellants’ right to a fair hearing was breached.
The court stated that, based on the facts presented, Bayero was denied a fair hearing due to the manner in which the Kano High Court conducted the proceedings against him.
It noted that the Kano High Court acted unfairly by proceeding without serving Bayero a hearing notice, thereby denying him the opportunity to present his case.
Justice Mustapha emphasised that all courts are bound to ensure justice by giving all parties equal opportunities to present their cases.
The panel added that Sanusi should also have been served notice to submit his grievances before the judgment was delivered against him.
The panel ruled that the proceedings of the Kano High Court amounted to a travesty of justice.
On this basis, the Court of Appeal ordered that the case be returned to the Chief Judge of the Kano State High Court for reassignment to another judge for expeditious determination.
Meanwhile, regarding the issue of fair hearing raised by the appellant, the appellate court held that the appellant should have been notified and granted access to legal representation after his lawyer withdrew from the matter during proceedings on July 4, 2024.
The court stated that instead of properly notifying the appellant, the lower court continued the hearing, declaring such action a nullity of the entire proceedings that took place on that day.
On this note, the appellate court upheld the appeal on the issue of a fair hearing in favour of the appellant.
The court further noted that since the issue of fair hearing had been resolved, there was no need to address other matters raised in the appeal, as fair hearing supersedes all other considerations.
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