 Law 2024, which reinstated Sanusi Lamido Sanusi as the Emir of Kano.){kind=link}
The Court of Appeal in Abuja has overturned a Federal High Court ruling that invalidated the Kano State Emirates Council (Repeal) Law 2024, which reinstated Sanusi Lamido Sanusi as the Emir of Kano.
The appellate court determined that the Federal High Court lacked the jurisdiction to nullify actions taken under the law.
Enacted by the Kano State House of Assembly and signed by Governor Abba Yusuf on May 23, 2024, the legislation abolished the additional emirates created by former Governor Abdullahi Ganduje and restored the unified Kano Emirate.
This paved the way for Sanusi’s reappointment as Emir, while other emirs were demoted to district heads.
Contested Reappointment
Alhaji Aminu Babba Dan Agundi, a kingmaker, challenged the law and Sanusi’s reinstatement through a fundamental rights enforcement suit. The Federal High Court initially ruled in Agundi’s favor, nullifying Sanusi’s reappointment and maintaining the status quo.
Appellate Court’s Ruling
Justice Mohammed Mustapha, who led the appellate court panel, ruled that Agundi’s suit was improperly filed as a fundamental rights enforcement case. The court held that chieftaincy disputes should be pursued through civil lawsuits rather than fundamental rights actions. Consequently, the Federal High Court’s decision was struck out due to a lack of jurisdiction.
In a minority opinion, Justice Gabriel Kolawole agreed with the jurisdictional flaw but suggested transferring the case to a Kano State High Court judge for proper consideration.
Bayero’s Case Gets Fresh Hearing
In a separate judgment, the appellate court addressed a suit by Aminu Ado Bayero, the 15th Emir of Kano, who challenged his removal.
The court found that Bayero had been denied a fair hearing during proceedings at the Kano State High Court. It ordered a fresh hearing of Bayero’s case and directed the Chief Judge of Kano State to reassign it to another judge for an expedited resolution.