Emirship tussle: Court of Appeal vacates order nullifying Emir Sanusi’s appointment
The Court of Appeal in Abuja has set aside the order nullifying Emir Muhammadu Sanusi II’s appointment as Emir of Kano. A three-member panel of justices in their judgement read by Justice Gabriel Kolawole held that the nullification of Sanusi II’s appointment was done without the required jurisdiction and ordered the transfer of the suit […]
Aminu Ado Bayero and Muhammadu Sanusi
The Court of Appeal in Abuja has set aside the order nullifying Emir Muhammadu Sanusi II’s appointment as Emir of Kano.
A three-member panel of justices in their judgement read by Justice Gabriel Kolawole held that the nullification of Sanusi II’s appointment was done without the required jurisdiction and ordered the transfer of the suit to the Kano State High Court.
Justice Kolawole held that the matter, being a chieftaincy dispute, ought to have been determined by the high court of Kano State rather than the Federal High Court.
The Federal High Court in Kano, presided by Justice Abubakar Liman, had on June 20, 2024, nullified the Kano State Government’s Kano Emirates Council (Repeal) Law 2024, which reinstated Muhammadu Sanusi II, as the 16th Emir.
In the fundamental rights enforcement suit by Aminu Baba-Dan’Agundi, the presiding judge further directed parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero.
However, the appellate court in its ruling, cited Section 251 of the Nigerian Constitution to hold that the matter was a chieftaincy dispute and not a fundamental rights matter, and such ought to have been taken before the Kano State High Court or the FCT High Court.
“The proper order to make is to order the 1st respondent (Baba-Dan’Agundi) to transfer the pending suit before the Federal High Court to the high court of Kano State where the chief judge shall assign it to a judge who has not been previously involved in the hearing of the suit,” he said.
The judge awarded the cost of N500,000 against Dan’Agundi and in favour of the Kano State House of Assembly.