The Court of Appeal sitting in Abuja has set aside an earlier ruling by the Federal High Court in Kano, which sought to nullify the appointment of Muhammadu Sanusi II as Emir of Kano.
Delivering the lead judgment on Friday, Justice Gabriel Kolawole held that the Federal High Court in Kano lacked jurisdiction to adjudicate the matter.
The appellate court ruled that the case involved chieftaincy matters, which do not fall under the purview of fundamental human rights violations as claimed by the plaintiffs, Aminu Agundi and Sarkin Babba of the Kano Emirate.
The controversy dates back to May 23, 2024, when the Kano State House of Assembly passed an amended bill that was signed into law by Governor Abba Yusuf.
The new law repealed the 2019 legislation, which had divided the Kano Emirate into five jurisdictions and led to Sanusi’s dethronement in 2020.
On the same day, Sanusi was reinstated as Emir of Kano by kingmakers and the state government.
However, Agundi and Babba approached the Federal High Court to challenge the legality of the law, seeking an order to restrain the respondents from enforcing it.
On May 23, Justice Liman of the Federal High Court ordered the defendants to suspend the implementation of the new law.
Despite objections raised by the defendants over jurisdiction and the locus standi of the plaintiffs, Liman ruled on June 13 that the plaintiffs were entitled to contest the legality of their dethronement.
In another ruling on June 20, Justice Liman nullified all actions by the Kano State Government related to the repeal of the 2019 law and ordered parties to maintain the status quo.
The appellate court’s judgment on Friday overturned these decisions. Justice Kolawole criticized the Federal High Court for assuming jurisdiction over a chieftaincy dispute.
He also ordered the case file to be returned to the Chief Judge of the Kano State High Court for reassignment.
However, Justices Mustapha Mohammed and Abdul Dogo, who were part of the three-member panel, disagreed with the decision to send the case back for retrial.
Instead, they struck out the Federal High Court proceedings entirely, citing a lack of jurisdiction.
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