This decision by the Court of Appeal at Abuja overturned a ruling of the Federal High Court that invalidated any action of the Kano State Government, especially restoring Sanusi Lamido Sanusi to the post of the 16th Emir of Kano, under the Kano Emirate Council (Repeal) Law 2024.
Appeal Court’s Ruling
Last Friday, a three-member panel of judges sitting at the Court of Appeal and presided over by Justice Gabriel Kolawole delivered judgment, ruling that the decision of the courts below was erroneous on the grounds that the Federal High Court lacked jurisdiction. They stressed that a state high court may entertain suits over matters of chieftaincy, falling into the category of state jurisdiction.
Justice Kolawole stated:
In other words, a court that does not have jurisdiction over a substantive matter does not have competence to issue any order or grant any remedy concerning that matter. So the making of the annulment by the Federal High Court regarding the actions of the Kano State Government under the new emirate law is void.
Thus, it confirms such decisions by the Kano State Government as the repeal of the Emirate Council Law of 2019 and the designation of Sanusi as Emir of Kano.
Background to the Emirate Dispute
The legal battle started when Governor Abba Yusuf of Kano State signed the Kano Emirate Council (Amendment No. 2) Law 2024. The state’s House of Assembly passed this law on May 23, 2024. It got rid of four extra emirate councils set up by the previous government going back to just one Kano emirate.
This choice led to the removal of the emirs of Gaya, Karaye, Rano, and Bichi. It also affected the then-Emir of Kano, Aminu Ado-Bayero, who had become emir after Sanusi lost his position in 2020. The former governor, Abdullahi Ganduje, had removed Sanusi at that time.
Dissatisfied with the new law, Aminu Dan-Agundi, a chief, filed a fundamental rights lawsuit challenging the government’s actions. In June 2024, Justice Abubakar Liman of the Federal High Court ruled in favor of Dan-Agundi, declaring the government’s actions null and void. But this decision has now been overturned by the Court of Appeal.
Findings of the Court of Appeals
The Court of Appeals has lambasted the Supreme Court of the State for straying beyond the limits of its jurisdiction. Justice Kolawole made it known that the case involved traditional cases or chief cases, which were within the exclusive jurisdiction of the state courts.
Further added:
“Finding that the State High Court lacks jurisdiction, any order of the trial court thereafter, including quashing the actions of the Kano State Government, is null and void.”
It also stated that Judge Liman erred by entertaining the Application in Fundamental Rights Enforcement case as it was not in any way a violation of any of the rights reserved under Chapter 4 of the Nigerian constitution or the African Charter on Human and Peoples Rights.
Split Decision Among Justices
Three justices mutually stipulated the decision to nullify the ruling of Federal High Court yet differed as to what was to happen with entire case of Dan Agundi, Justice Kolawole ruling for remittance of case for determination to the Kano State High Court. The other two justices, Mohammed Mustapha and Abdul Dogo, disagreed insisting that the case was devoid of merits-alleging that if sent to another court, would waste judicial resources; thus ordered the suit to be entirely struck out.
Reaction of El-Rufai
Following the judgment of the appellate court, former Kaduna state governor, Mallam Nasir El-Rufai, congratulated Emir Muhammad Sanusi on winning his legal case. Sanusi is perceived as a long-time supporter of El-Rufai. He states to be content with the ruling and goes ahead to decry the earlier judgment from the Federal High Court as “erroneous and disgraceful.”
He then added that the National Judicial Council (NJC) should initiate disciplinary proceedings against Justice Liman for having exceeded his jurisdiction and made a bad judgment.
El-Rufai expressed:
“This is a triumph for justice and the rule of law. I congratulate His Highness Emir Muhammad Sanusi on this well-deserved feat. I also urge the NJC to take the necessary action against judicial officers who bring the very credibility of our legal system into disrepute.”
Whereas observers and stakeholders alike are carefully watching what happens at the state govern with the federal government as traditional authority now interspersed up with modern governance, the legal battle continues regarding the Kano emirate stool.
