The Court of Appeal in Abuja on Friday overturned a Federal High Court ruling that had nullified the Kano State Government’s actions, including the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano, following the enactment of the Kano State Emirate Council (Repeal) Law 2024.
Delivering the judgment, a three-member panel of the Court of Appeal ruled that the Federal High Court’s verdict, delivered on June 20, 2024, was flawed.
The appellate court stated that the lower court lacked jurisdiction to hear the case, as only the state High Court has the authority to handle chieftaincy-related matters.
The judgment was delivered by Justice Gabriel Kolawole, who explained that the Federal High Court judge, Abubakar Liman, had acted beyond his powers.
In its ruling, the Court of Appeal declared that Justice Liman’s decision to annul the steps taken under the new law, including the reinstatement of Mr. Sanusi as Emir, was invalid, according to Premium Times.
The appellate court emphasized that the Federal High Court did not have the jurisdiction to entertain the matter, as disputes regarding traditional leadership are exclusive to state courts.
The ruling is part of a series of decisions concerning the ongoing dispute over the leadership of the Kano Emirate.
In another judgment, the Court of Appeal found that the Kano State High Court had denied Aminu Ado-Bayero, who claims the throne of the Kano Emirate, a fair hearing in a case filed by the state government regarding the enforcement of the new law.
The Court of Appeal’s decision effectively validated the actions of the Kano State Government, including the repeal of the 2019 Emirate Council Law and the reinstatement of Mr. Sanusi.
Following the signing of the Kano Emirate Council (Amendment No. 2) Law by Governor Abba Yusuf on May 23, 2024, the state dissolved the four emirates of Gaya, Karaye, Rano, and Bichi, which had been created by the previous administration under Governor Abdullahi Ganduje.
This move restored the single Kano Emirate, and Mr. Sanusi was reinstated as the Emir of Kano, replacing Aminu Ado-Bayero, who had ascended the throne after Sanusi’s ousting in 2020.
Aminu Dan-Agundi, a kingmaker, had filed a suit challenging the new law, prompting the Federal High Court to issue an interim order on June 13, 2024, directing that the status quo be maintained. On June 20, the court issued a final judgment invalidating the actions taken under the new law, including the reinstatement of Mr. Sanusi, for violating the earlier court order.
However, the Court of Appeal ruled that Justice Liman’s order was null and void, as the Federal High Court lacked the jurisdiction to handle the matter. Justice Kolawole emphasized that the lower court could not issue binding orders or grant reliefs in cases beyond its jurisdiction.
The panel also criticized Justice Liman for assuming jurisdiction over the case, noting that it did not involve a fundamental rights issue as claimed by the applicant, but rather pertained to traditional chieftaincy matters.
While two other members of the panel agreed with the nullification, they disagreed with the suggestion to remand the suit to the Kano State High Court. They argued that the suit lacked merit and should be struck out entirely to avoid wasting judicial time.
