Court Of Appeal Affirms Sanusi As Authentic Emir Of Kano

The Court of Appeal, Abuja Division, on Friday, overruled the verdict of the Federal High Court, Kano Division, over the appointment of the Emir of Kano, Muhammadu Sanusi II.

In the Kano State Government’s appeal on the chieftaincy issue, the appellate court overturned the lower court’s decision, which had questioned Sanusi’s appointment as the 16th Emir of Kano.

In a judgment delivered by a three-member panel led by Justice Mohammed Mustapha, the appellate court insisted that the Federal High Court had overstepped its jurisdiction by ruling on a matter it was not authorised to handle.

The lower court had nullified the government’s appointment of Sanusi as a first-class emir in response to an application for the enforcement of fundamental rights brought before Justice Abdullahi Liman of the Kano Federal High Court by Aminu Babba Dan’Agundi, a member of the emirate council under the former emir, Aminu Ado Bayero.

Dan’Agundi had argued that the sacking of Bayero and the dissolution of the five emirates through the new Emirate Council Repeal Law 2023, without due consultation, had infringed on his fundamental rights.

However, the appellate court voided Justice Liman’s judgment, noting that the Federal High Court had no jurisdiction over chieftaincy matters.

The court ruled that the trial court lacked the authority to order the maintenance of the status quo in a matter beyond its jurisdiction, thereby setting aside the controversial ruling that effectively left Kano with two ruling emirs.

In addition to assuming jurisdiction improperly, the Court of Appeal held that Justice Liman exceeded his role by interfering in chieftaincy matters, which fell outside the fundamental rights sought by the plaintiff.

The appellate court declared that the Federal High Court had no jurisdiction to intervene in matters related to the Kano State Emirate Council Law.

It emphasised that the principal reliefs sought by Bayero did not fall within the scope of fundamental human rights and were instead connected to chieftaincy issues.

Citing Section 251 of the Nigerian Constitution, the court affirmed that the Federal High Court lacked the authority to address matters related to chieftaincy.

In a similar case, the appellate court overturned the judgment of Justice Amina Aliyu of the Kano State High Court and directed the Kano State Chief Judge to reassign the matter for a fresh hearing.

The earlier verdict, which perpetually restricted Ado Bayero from parading himself as emir, was deemed to have violated the fundamental principle of fair hearing.

Justice Aliyu of the Kano High Court had previously ruled in favour of the Kano State House of Assembly, which had sought to validate the passage of the Kano Emirate Council Repeal Law. The law had sacked Bayero and four others, upholding the appointment of Sanusi as the 16th Emir of Kano.

With this judgment, the 16th Emir of Kano, His Highness Dr. Muhammadu Sanusi II, remains the legitimate ruler of the Kano throne. He was reinstated by Governor Abba Yusuf on May 3, 2024, after assenting to the Kano Emirates Repeal Law enacted by the Kano State House of Assembly under Speaker, Jibrin Falgore.