THE Court of Appeal has set aside the ruling of the Federal High Court, Kano, that nullified the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The Federal High Court had on Thursday, June 20, 2024, reinstated deposed Ado it Bayero as the emir, consequently annulling the state government’s reinstatement of Sanusi Lamido Sanusi as the emir.
The court abrogated the Kano State Emirate Law 2024, which dissolved the five Emirates in the state.
It also dismissed the state government’s repeal of the Kano Emirates Council Law, which the state had used to sack Sanusi and install Bayero as emir.
The judge, Abdullahi Muhammad Liman, in his ruling, ordered all parties involved in the case to maintain the status quo.
A kingmaker in the defunct Kano Emirate, Aminu Babba Danagundi, also known as the Sarkin Dawaki Babba, through his attorney, Chikaosolu Ojukwu (SAN), had sued the Governor Abba Yusuf-led government to contest the new law’s validity and requested that the court void it.
Sanusi’s reinstatement threw the state into confusion as the dethroned Emir Bayero refused to relinquish his office.
But in a judgment read by Gabriel Omoniyi Kolawole on Friday, January 10, a three-member panel of the Court of Appeal, Kano, held that the order nullifying the steps taken by the Kano State Government pursuant to the 2024 Emirates Council Law was made by Liman without jurisdiction.
The appellate court ruled that the fundamental rights enforcement suit filed by an aggrieved kingmaker—Aminu Babba Dan Agundi—on which basis Liman issued the June 20 order, was not only invalid but the court lacked the jurisdiction to hear the matter.
Meanwhile, in another ruling, the Court of Appeal, Abuja Division, on Friday, January 10, ordered a fresh hearing into the Kano Emirate impasse.
The court, headed by Mohammed Mustapha, ruled that Bayero was not given a fair chance to present his case.
The court criticised the Kano High Court for not following proper procedures, including failing to notify Bayero of the hearing, and emphasised the importance of ensuring all parties have an equal opportunity to be heard.
The three-member panel of the court upheld the appeal on the issue of fair hearing, citing that the lower court should have notified the appellant and allowed them to get new legal representation after their lawyer withdrew.
The Court of Appeal ordered the case to be sent back to the Kano State High Court’s chief judge to be reassigned to a different judge for a speedy decision.
The ICIR reported in July that the Kano State High Court ordered Bayero to stop parading himself as the Emir.
The court, in a judgement by Amina Aliyu, on Monday, July 15, also barred four other deposed emirs from posing as the emirs of Bichi, Rano, Karaye, and Gaya.
According to the court’s ruling, they should return the government’s moveable and immovable items in their custody.
The Kano State government filed the lawsuit on May 27, 2024, through its lawyer, Ibrahim Isah-Wangida.
The suit sought to prevent Bayero and other deposed emirs from posing as traditional leaders.
Ibrahim-Gaya (Emir of Gaya), Ibrahim Abubakar II (Emir of Karaye), Kabiru Muhammad-Inuwa (Emir of Rano), Aminu Ado Bayero (15th Emir of Kano), and Nasiru Ado Bayero (2nd Emir of Bichi) were listed as respondents.
The emirship tussle in Kano has persisted for months since the government abolished the five emirates in the state.
While Bayero refused to relinquish his office and has occupied the mini palace in the Nasarawa area of Kano City, Sanusi has been in charge of the main palace.
On June 3, The ICIR reported that the tussle over the throne left Kano residents and other Nigerians confused over who would lead the Kano Durbar, a significant and historic festival in the state usually led by the emir.
However, a few days before the festivities, the police banned all durbar activities as part of efforts to sustain peace in the state.
A reporter with the ICIR
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