The Court of Appeal in Abuja on Friday overturned the decision of the Federal High Court in Kano regarding the appointment of Muhammadu Sanusi II as the Emir of Kano.
The appellate court nullified the lower court’s ruling, which had raised concerns about Sanusi’s selection as the 16th Emir of Kano, in response to an appeal filed by the Kano State Government.
Delivering the judgment, a three-member panel led by Justice Mohammed Mustapha declared that the Federal High Court overstepped its jurisdiction by addressing a matter it was not authorized to handle.
Previously, the Federal High Court had annulled Sanusi’s appointment as a first-class emir based on an application filed by Aminu Babba Dan’Agundi. Dan’Agundi, a member of the emirate council under former emir Aminu Ado Bayero, had sought to enforce his fundamental rights.
Dan’Agundi argued that Bayero’s removal and the dissolution of the five emirates through the 2023 Emirate Council Repeal Law, without proper consultation, violated his fundamental rights.
However, the Court of Appeal dismissed Justice Liman’s verdict, asserting that the Federal High Court lacked the authority to preside over chieftaincy matters.
The appellate court ruled that the lower court was not empowered to order the maintenance of the status quo on a matter outside its jurisdiction, thus nullifying the controversial decision that had created dual rulership in Kano.
The Court of Appeal further stated that Justice Liman exceeded his judicial powers by interfering in chieftaincy issues, which did not pertain to the fundamental rights claimed by the plaintiff.
It was also declared that the Federal High Court had no jurisdiction to intervene in matters under the Kano State Emirate Council Law, as the reliefs sought by Bayero were linked to chieftaincy matters, not fundamental human rights.
Referencing Section 251 of the Nigerian Constitution, the appellate court confirmed that the Federal High Court had no authority to handle cases involving chieftaincy.
In another related case, the appellate court overturned Justice Amina Aliyu’s judgment from the Kano State High Court and directed the Kano State Chief Judge to reassign the case for a fresh hearing.
Justice Aliyu’s ruling, which barred Ado Bayero from presenting himself as an emir, was deemed a breach of the fundamental right to fair hearing.
The Kano State High Court had earlier ruled in favor of the State House of Assembly, validating the Kano Emirate Council Repeal Law. This law removed Bayero and others while affirming Sanusi’s appointment as the 16th Emir of Kano.
With the appellate court’s decision, Dr. Muhammadu Sanusi II remains the rightful Emir of Kano. He was reinstated by Governor Abba Yusuf on May 3, 2024, after the Kano State House of Assembly, led by Speaker Jibrin Falgore, enacted the Kano Emirates Repeal Law.