The Court of Appeal in Abuja has overturned a Federal High Court decision that invalidated the Kano State Emirates Council (Repeal) Law 2024, which facilitated the reappointment of Sanusi Lamido Sanusi as the Emir of Kano.
The appellate court ruled that the Federal High Court lacked jurisdiction to nullify actions taken by the Kano State Government under the law. The law, enacted by the Kano State House of Assembly and signed by Governor Abba Yusuf on May 23, 2024, abolished multiple emirates created by former Governor Abdullahi Ganduje and reinstated a unified Kano Emirate.
Subsequently, Yusuf reappointed Sanusi as the Emir while demoting other emirs to district heads. The changes were contested by Alhaji Aminu Babba Dan Agundi, a kingmaker, who filed a fundamental rights enforcement suit. The Federal High Court initially ruled in Agundi’s favor, maintaining the status quo and nullifying the reappointment of Sanusi.
– Appellate Court’s Ruling
The appellate court, led by Justice Mohammed Mustapha, ruled that Agundi’s suit was improperly filed as a fundamental rights enforcement action. The court held that the case was a chieftaincy matter that should have been pursued through a civil lawsuit. Consequently, the appellate court struck out the Federal High Court ruling for lack of jurisdiction.
Justice Gabriel Kolawole, in a minority opinion, agreed with the jurisdictional flaw but recommended transferring the case to another judge within the Kano State High Court for proper adjudication.
– Case of the 15th Emir, Aminu Ado Bayero
In a separate judgment, the appellate court addressed a suit by Aminu Ado Bayero, the 15th Emir of Kano, challenging his removal. The court ruled that Bayero was denied a fair hearing in proceedings conducted by the Kano State High Court.
It ordered a fresh hearing of his case, directing the Chief Judge of Kano State to reassign it to another judge for expedited resolution.
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