The Court of Appeal, Abuja division on Friday overruded the verdict of the Federal high court, Kano divison over the appointment of Emir Mohammadu Sanusi II.
In the Kano state government’s appeal on the chieftaincy issue, the appellate court overturned the lower court’s decision that questioned Sanusi’s appointment as 16th emir.
In a judgment delivered by three-member panel led by Justice Mohammed Mustapha, the appellate insisted Federal High Court overstretched its limit to rule on matter its lacking in jurisdiction.
In an application for enforcement of fundamental right brought before Justice Abdullahi Liman of the then Federal High Court Kano, by Aminu Babba Dan’Agundi, a former emirate council under tje former emir Aminu Ado Bayero, the lower court nullified Government’s appointment of Sanusi as first class emir.
But the appellate court voided the judgment of Justice Liman who is now promoted to Court of Appeal, insisted Federal High Court has no business with chieftaincy matters.
The appellate Justice said the trial court lacked the power to order for maintenance of status quo in a matter without jurisdiction thereby set aside the controversial ruling that placed Kano with two ruling emirs.
Besides assuming wrong jurisdiction, the court of Appeal held that Justice Liman wrongfully assumed a share giver status by dabbling into a chieftaincy affairs which was out the fundamental rights sought by the plaintiff.
Aminu Babba Dan’Agundi had insisted the Kano state government sack of Bayero and dissolution of the five emirates through the new Emirate Council Repeal Law 2023 without due consultation had negatively affected his fundamental rights.
The court further declared that the Federal High Court had no jurisdiction to intervene in matters pertaining to the Kano State Emirate Council law.
It emphasized 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.
In a similar case, the appellate court upturned the judgment of Justice Amina Adamu Aliyu of the state high court and directed Kano state chief Judge to reassign the matter for fresh hearing.
The earlier verdict that held a perpetual decision restricting Aminu Ado Bayero from parading himself as emir was said to have been taken without the fundamental principle of fair hearing.
Justice Aliyu of Kano High Court ruled in favor of Kano state house of assembly which asked the court to valid the passage of Kano Emirate Council Repeal Law which sacked Bayero and four others and upheld the appointment of Sanusi as 16th emir of Kano.
The Court of Appeal, therefore, ordered that the case be remitted to the Chief Judge of the Kano State High Court to be reassigned to another judge for expeditious determination.
With this judgement, the 16th emir of Kano His Highness Dr. Muhammadu Sanusi II remains the bonifide ruler of Kano throne as reinstated by Governor Abba Kabir Yusuf on 3rd May, 2024 after assenting the Kano Emirates repeal law enacted by Kano State House of Assembly under Speaker Rt. Hon. Jibrin Ismail Falgore.
