The Court of Appeal, Abuja Division, on Friday, delivered a landmark judgment, overruling the decision of the Federal High Court, Kano Division, which had questioned the appointment of Muhammadu Sanusi II as the 16th Emir of Kano.
In a major victory for the Kano State Government, the appellate court reversed the lower court’s verdict, declaring that the Federal High Court had exceeded its jurisdiction in ruling on the matter. The judgment, handed down by a three-member panel led by Justice Mohammed Mustapha, emphasized that chieftaincy issues fall outside the purview of the Federal High Court.
The case had originated from an application filed by Aminu Babba Dan’Agundi, a member of the former Emirate Council under the late Emir Aminu Ado Bayero. Dan’Agundi had sought the enforcement of fundamental rights, challenging the removal of Bayero and the dissolution of the five emirates through the newly enacted Emirate Council Repeal Law of 2023. He argued that the actions infringed on his rights, as they were taken without due consultation.
However, the Court of Appeal ruled that the Federal High Court had no jurisdiction to intervene in chieftaincy matters, which are governed by state law. The panel declared that the lower court’s attempt to maintain the status quo on this matter was improper, given that it was beyond the court’s authority to do so.
The appellate court further noted that the ruling of Justice Abdullahi Liman of the Federal High Court, which had effectively left Kano with two ruling emirs, was an overreach. It found that the Federal High Court’s intervention into chieftaincy matters violated the principles outlined in the Nigerian Constitution.
This ruling solidifies the position of Muhammadu Sanusi II as the rightful Emir of Kano. His appointment had been challenged but was reaffirmed by the Court of Appeal, which clarified that the Kano State Emirate Council Law governs such issues and that the Federal High Court is not empowered to adjudicate on them.
The decision marks a significant moment in the ongoing chieftaincy dispute in Kano, which saw a series of legal battles following the enactment of the Kano Emirates Repeal Law. With this judgment, Sanusi’s position as the 16th Emir remains intact, further cementing his leadership of the Kano throne.
In addition to this case, the appellate court also voided a ruling from the Kano State High Court, which had perpetually restricted Ado Bayero from claiming the title of emir. The appellate court directed the Kano State Chief Judge to reassign the matter for a fresh hearing, emphasizing the need for fair hearing principles to be upheld in the judicial process.
With the Court of Appeal’s decision, Sanusi’s leadership has been reaffirmed, and he remains the legitimate ruler of the Kano Emirate. This victory for the Kano State Government comes just weeks after Governor Abba Yusuf’s approval of the Kano Emirate Council Repeal Law, which restored Sanusi to the throne on May 3, 2024.
