The Court of Appeal, Abuja Division, has overturned the verdict of the Federal High Court, Kano Division, which had challenged the appointment of Muhammadu Sanusi II as the 16th Emir of Kano. The appellate court ruled that the lower court overstepped its jurisdiction by addressing a matter it was not authorized to handle. This decision was delivered by a three-member panel led by Justice Mohammed Mustapha, marking a significant victory for Sanusi in the long-standing chieftaincy dispute.
The Federal High Court had previously nullified Sanusi’s appointment as a first-class emir in response to a case brought by Aminu Babba Dan’Agundi, a member of the emirate council under the former emir, Aminu Ado Bayero. Dan’Agundi had argued that the dissolution of five emirates and Bayero’s removal through the Kano Emirate Council Repeal Law 2023 had infringed on his fundamental rights. However, the appellate court ruled that the issues raised by Dan’Agundi were chieftaincy matters, which fall outside the jurisdiction of the Federal High Court.
Citing Section 251 of the Nigerian Constitution, the Court of Appeal emphasized that fundamental rights claims cannot be used to address chieftaincy disputes. It further stated that the Federal High Court lacked the authority to order the maintenance of the status quo regarding Sanusi’s appointment. The appellate court’s judgment effectively nullified previous rulings that had left Kano with two competing emirs, reaffirming Sanusi’s legitimacy as the Emir of Kano.
In a related development, the appellate court also overturned a separate judgment by Justice Amina Aliyu of the Kano State High Court, which had barred Ado Bayero from parading himself as emir. The court directed the Kano State Chief Judge to reassign the matter for a fresh hearing, citing a breach of the principle of fair hearing. With these rulings, Muhammadu Sanusi II remains the legitimate Emir of Kano, reinstated by Governor Abba Yusuf on May 3, 2024, after the enactment of the Kano Emirate Repeal Law.