This decision was made after a three-member panel, led by Justice Mohammed Mustapha, declared the previous judgment delivered by the lower court on July 15 a nullity. The Court of Appeal held that the appellants’ right to a fair hearing was breached, specifically stating that Bayero was denied a fair hearing due to the manner in which the Kano High Court conducted the proceedings against him.
The court 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 emphasized that all courts are bound to ensure justice by giving all parties equal opportunities to present their cases.
According to The Punch, the panel added that Sanusi should also have been served notice to submit his grievances before the judgment was delivered against him. The appellate court described the judgment of the lower court as “shoddy” and ruled that the proceedings of the Kano High Court amounted to a travesty of justice.
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. This decision was made in light of the appellate court’s finding 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’s decision to uphold the appeal on the issue of a fair hearing in favour of the appellant is a significant development in the case. By declaring the entire proceedings that took place on July 4, 2024, a nullity, the appellate court has ensured that the appellant’s right to a fair hearing is protected.
Ultimately, the Court of Appeal’s decision has paved the way for a fresh hearing in the Kano Emirate legal dispute, ensuring that all parties are given equal opportunities to present their cases and that justice is served.
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Source: Legit.ng
