The Court of Appeal sitting in Abuja has upturned the June 20, 2023 ruling by the Federal High Court in Kano, which nullified the actions of the Kano State government under the Kano State Emirate Council (Repeal) Law, 2024.
As soon as the news of the ruling filtered into the state, hundreds of Sanusi’s supporters trooped to the Emir’s palace to celebrate the judgment.
There was, however, no unusual security personnel presence in the metropolis as the residents went about their businesses.
The ruling, delivered yesterday by a three-member panel of the appellate court reinstated the validity of the state government’s steps, including the appointment of Sanusi Lamido Sanusi II as the 16th Emir of Kano.
Justice Mohammed Mustapha, who led the panel, ruled that the Federal High Court, under Justice Abubakar Liman, had no jurisdiction to issue the June 20 order.
The Appeal Court found that the fundamental rights enforcement suit filed by an aggrieved kingmaker, Alhaji Aminu Babba Dan Agundi, on which the order was based, was invalid.
The case was brought to the Court of Appeal by the Kano State House of Assembly and its speaker in an appeal against the earlier judgment.
LEADERSHIP Weekend reports Kano State House of Assembly had enacted the Kano State Emirate Council (Repeal) Law 2024 on May 23, 2024, which was signed into law by the state governor the same day.
The law led to the sacking of Emir Aminu Ado Bayero, the reinstatement of Emir Sanusi, and the reversal of the creation of five new emirates by the administration of former Governor Umar Ganduje.
In its judgment, the Court of Appeal ruled that Justice Liman’s order violated an earlier status quo order issued on May 23, 2024, which had been intended to maintain the situation pending the outcome of the case.
The appellate court also found that the Federal High Court proceedings were flawed, particularly in denying Bayero and Sanusi the opportunity to present their cases. Bayero was not served a hearing notice and thus could not respond to the claims made against him, while Sanusi was also not notified to present his grievances before judgment was delivered.
The panel described the handling of the case by the Kano High Court as a travesty of justice, citing the lack of notice to Bayero and the improper continuation of the hearing after Bayero’s lawyer withdrew from the case in July 2024.
The Court of Appeal ruled that the judgment of the Federal High Court delivered on July 15, 2024, was a nullity and ordered that the case be reassigned to another judge of the Kano State High Court by the Kano state Chief Judge for a fresh hearing.
The court emphasised that the principle of fair hearing must be upheld, declaring that the absence of fair hearing rendered the proceedings void.
In a split decision of two Justices to one, the Court of Appeal barred the Federal High Court in Kano from adjudicating over the Kano Emirate legal battle.
It held that the lower court has no jurisdiction to dabble into the Kano State chieftaincy matters on the ground that such a case can only be determined by the Kano State High Court.
This decision has brought an end to a long-running legal dispute that threatened to shake the foundations of the Kano Emirate.
The Appeal Court further ruled that Bayero’s case, which sought to challenge Emir Sanusi’s position, lacked merit.
It emphasised that the principal reliefs sought by Bayero fell outside the scope of fundamental human rights and were, in fact, related to chieftaincy matters.
Citing Section 251 of the Nigerian Constitution, the court pointed out that the Federal High Court does not have the authority to handle issues related to chieftaincy.
