January 13, (THEWILL) – Six months after Governor Abba Yusuf of Kano State reinstated Muhammadu Lamido Sanusi II as the 16th Emir of Kano, the Court of Appeal, Abuja, has put a legal seal on the reinstatement. The appellate court on Friday, January 10, 2024 set aside an order nullifying the reinstatement of the traditional ruler.
Emir Sanusi, who had literally watched from a distance as the drama unfolded, reacted to the verdict by saying the will of God has prevailed over human reasoning. “As you all know, the Appeal Court confirmed today that the State High Court has no jurisdiction over emirate issues. This judgment was expected, and those who initiated the case in court knew this all along.
“Even the judge who issued the initial order was aware of the limits of his jurisdiction. Those who influenced him to make that decision also knew the truth. However, for the past eight months, their aim has been to promote selfish interests and instigate unrest in this part of the country.
“Despite their efforts, our greatest achievement is that the state has remained peaceful. There has been no violence or disorder. We call on everyone to continue maintaining peace and unity.
“This battle is not ours but God’s. And God does not need anyone’s help. Let us keep praying for His guidance and intervention. May God protect us. Whoever seeks to ignite chaos in Kano, may that fire consume them instead,” he said.
The Emir appealed to citizens of Kano to celebrate in low key and continue to uphold the need for peaceful coexistence.
He said, “To those who wish harm upon Kano or its peace, may they face the consequences of their own wishes. They may attempt to provoke violence, but let us not respond to their actions. Let us not engage them in any way. Whoever questions God’s judgment will ultimately face the consequences of doing so,” Sanusi said.
Also in reaction to the ruling, former Governor of Kaduna State, Nasir el-Rufai said the Federal High Court has no business meddling in chieftaincy issues outside of the Federal Capital Territory, FCT. He suggested that the erring judge must be disciplined by the National Judicial Council (NJC).
Posting on X, the former governor wrote: “KANO UPDATE: Congratulations to my dear friend and brother, His Highness, Emir Muhammad Sanusi II, for this judgement.
“The Federal High Court has no business dabbling into chieftaincy matters outside of the FCT, and the erring judge ought to be disciplined by the NJC for the intentionally erroneous and disgraceful judgement.”
Governor Abba Yusuf had last year reinstated Lamido Sanusi as Emir Kano after he dissolved four emirate councils of Gaya, Karaye, Rano and Bichi, created by the previous administration led by Abdullahi Ganduje, merging them into a single Kano emirate, as it had originally existed.
The governor also sacked the emirs of the four emirates and Aminu Ado-Bayero, the 15th Emir of Kano, who had ascended the throne following the dethronement of Lamido Sanusi in March 2020.
Following the controversy over the emirate crisis, an aggrieved title holder in Kano emirate, Alhaji Aminu Babba Dan Agundi, filed a fundamental rights enforcement suit before the Federal High Court in Kano, to challenge the government’s decision.
Ruling on June 20, in the suit marked FHC/KN/CS/182/2024, Justice Abubakar Lima nullified the steps taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the reinstatement of Lamido Sanusi as 16th Emir.
Dissatisfied with the order, the decision was challenged at the appeal court. Ruling on Friday, on the appeal, a three-member panel of the appellate court led by Justice Mustapha Mohammed, held that the Federal High Court lacked the jurisdiction to dabble into the Kano State Chieftaincy Matters on the ground that such a case can only be determined by the Kano High Court.
The appellate court held that the fundamental rights enforcement suit filed by Alhaji Agundi, upon which Justice Abubakar Liman issued the June 20 order, was not only invalid but also void since the Court lacked the jurisdiction to hear it.
However, a minority judgement read by Justice Gabriel Kolawole, ordered that the matter be returned to the Kano State High Court. He directed the Chief Judge of the Kano State High Court to reassign the case for fresh adjudication.
Earlier, the appellate court in another judgement, ordered a fresh hearing of the suit the embattled 15th Emir, Bayero, filed to challenge the decision of Governor Yusuf to unseat him.
In a related ruling, the Court of Appeal, Abuja ordered a fresh hearing into the legal dispute over the Kano Emirate tussle.
Following the controversy over the emirate crisis, a Kano State High Court on July 15, 2024, restrained Ado-Bayero and four other dethroned emirs of Bichi, Rano, Gaya, and Karaye—from parading themselves as traditional rulers.
Ruling on an appeal filed against the ruling at the weekend, a three-member panel of the appellate court led by Justice Mohammed Mustapha, set aside the order of the lower court restraining Aminu Ado-Bayero and the other four dethroned emirs from parading themselves as traditional rulers.
Declaring the restraining order inconsistent with the principles of fair hearing, the appellate court directed the Chief Judge of the Kano State High Court to reassign the case to a different judge for fresh adjudication.
The court held that both the legal process and the decision of the Kano High Court were fundamentally tainted by breaches of fair hearing.
According to the ruling, the lower court was unfair to the appellant (Bayero) by conducting proceedings without serving him a hearing notice to enable him to present his case.
Specifically, the Appellate Court held that Bayero ought to have been served with a hearing notice to allow him to present his grievances before judgment was delivered against him in what it described as a shoddy arrangement.
The earlier verdict, which perpetually restricted Ado Bayero from parading himself as emir, was deemed to have violated the fundamental principle of fair hearing.
Justice Aliyu of the Kano High Court had previously ruled in favour of the Kano State House of Assembly, which had sought to validate the passage of the Kano Emirate Council Repeal Law. The law had sacked Bayero and four others, upholding the appointment of Sanusi as the 16th Emir of Kano.
Dan’Agundi Heads To Supreme Court
Meanwhile, Alhaji Aminu Babba Dan’Agundi, a kingmaker in Aminu Ado Bayero’s Emirate Council, says he is appealing the Court of Appeal judgement regarding the ongoing Kano Emirate tussle.
Dan’agundi said he had instructed his legal team to appeal the Court of Appeal’s decision at the Supreme Court, citing judicial error in interpreting his case as a chieftaincy matter rather than a fundamental human rights violation.
Addressing newsmen at the Nasarawa Emir’s Mini Palace, Dan’Agundi stated that he was not contesting the constitutional power of the Kano State House of Assembly to enact or repeal laws.
However, he emphasised that the Kano Emirate Council Law 2024 (Repeal) was not followed due to a lack of due process.
As a kingmaker in the Kano Emirate Council, he noted, he needed to be accorded a fair hearing before the law that abolished the emirate council law was repealed.
“I went to the Federal High Court Kano to challenge the Kano State Government’s decision and after hearing all the parties, the trial judge, Justice AM Liman, assumed jurisdiction to hear our case on merit in our favour.
“I still recollect that while delivering its judgment, the court of appeal heavily relied on Supreme Court citation on Emir of Muri’s case, upholding that any issue relating to chieftaincy affairs has to go back to the state high court.
“But our own issue and the issue of the Emir of Muri are different. Since the Court Appeal upheld that the Federal High Court lacks jurisdiction to entertain our case, there is nothing I can do than to appeal the judgement”, he said.
He further emphasised that any judgment challenged at the Appeal Court remains until the Supreme Court delivers its final verdict, noting that in this particular case, all actions are suspended pending the Supreme Court’s final judgement.
He called on Emir Muhammadu Sanusi II to stop parading himself as the Emir of Kano until the Apex Court Judgement.
He also urged the public to remain calm and wait for the Supreme Court’s verdict on the issue.
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