In a significant legal development, the Court of Appeal in Abuja has ruled to set aside the earlier order that nullified the appointment of Emir Muhammadu Sanusi II of Kano.
The three-member panel of justices, in a judgment delivered by Justice Gabriel Kolawole, concluded that the Federal High Court in Kano did not have the jurisdiction to make the ruling and directed that the matter be transferred to the Kano State High Court for proper adjudication.
Justice Kolawole emphasized that the dispute, being a chieftaincy issue, should have been handled by the Kano State High Court and not the Federal High Court. The case arose from a fundamental rights enforcement suit filed by Aminu Baba-Dan’Agundi, who had challenged the Kano State Government’s Kano Emirates Council (Repeal) Law 2024, which had reinstated Sanusi II as the 16th Emir of Kano.
Earlier, on June 20, 2024, the Federal High Court in Kano, presided over by Justice Abubakar Liman, had annulled the Emir’s appointment, stating that the Kano Emirates Council Law was unconstitutional. The ruling led to the reinstatement of Emir Ado Bayero. However, the Court of Appeal disagreed with this decision, noting that the matter fell under the purview of chieftaincy disputes, as outlined in Section 251 of the Nigerian Constitution.
As part of the judgment, the appellate court ordered that the case be transferred to the Kano State High Court, with the chief judge there assigning the case to a judge who had not previously been involved. Additionally, the Court of Appeal awarded a cost of N500,000 against Baba-Dan’Agundi in favor of the Kano State House of Assembly.
This ruling marks a pivotal moment in the ongoing legal battles surrounding the leadership of Kano’s royal family, further adding to the intricacies of the region’s chieftaincy matters.
