After delivering five separate judgments in the long-drawn legal battle on Kano Emirate, the Court of Appeal has finally rubbished the order of the Federal High Court, Kano State Division, which nullified the appointment of Muhammed Sanusi as Kano Emir.
The order nullifying Sanusi’s appointment was issued by Justice Abubakar Liman of Kano division of the federal high court on June 20, 2024 during the peak of the controversies surrounding the return of Sanusi to the throne.
However, a 3-man panel of Justices of the Court of Appeal on Friday in Abuja held that the order of the lower court was a nullity because it has no jurisdiction to have dabbled into the Kano Emirate legal battle.
Justice Abdul Dogo in one of the judgments held that the federal high court proceeded in error when it erroneously turned a Chieftaincy matter to a fundamental enforcement right as claimed by an appellant in the fierce legal battle, Alhaji Aminu Babba Dan Agundi.
Justice Dogo said the federal high court judge was in grave error in nullifying the steps taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
He said contrary to the claim of Agundi, conferment of Chieftaincy title is not a fundamental issue as brought before Justice Liman.
He thereafter proceeded and set aside the order of Justice Liman of June 20 nullifying the steps taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The Appeal Court held that the fundamental rights enforcement suit filed by an aggrieved king maker – Alhaji Aminu Babba Dan Agundi, on which basis Justice Liman issued the June 20 order, was not only invalid but that the Federal High Court lacked the jurisdiction to hear it
The judgment was on an appeal by the Kano State House of Assembly and its Speaker marked: CA/KN/140/2024 against Agundi and others.
The Kano State House of Assembly enacted the Kano State Emirate Council (Repeal) Law 2024 on May 23, 2024 which the state governor assented to on the same date.
Under the new law, the Kano State Government among others, removed Aminu Ado Bayero as Kano Emir, reinstated Mohammed Sanusi as Emir, and reversed the creation of five new Emirates by the preceding administration of Umar Ganduje.
In his June 20 ruling, Justice Liman had voided all the steps taken by the Kano State Government according to the 2024 Emirate Council Law on the ground that they were taken in violation of his earlier order made on May 23, 2024, directing parties, in Agundi’s fundamental rights suit to maintain the status quo.
The high court also held as “null and void” the Kano Emirate Council (Repeal) Bill, 2024 passed by the Kano State House of Assembly, which voided Bayero’s seat.
The judge said, “The above action violates the order of this court earlier stated,” adding “The balance of convenience is on the applicant herein (Alhaji Aminu Babba Dan Agundi) herein.”
The appeals decided by the Court of Appeal are Alhaji Aminu Ado Bayero vs Attorney General of Kano State and 10 others in appeal number CA/KN/166/M/2014 and appeal number CA/KN/126/M/2024 on appointment of emir between Kano State House of Assembly and another vs Alhaji Aminu Babba Dan Agundi and 6 others among others.