The Court of Appeal in Abuja has overturned the ruling of the Kano State High Court that nullified the reappointment of Sanusi Lamido Sanusi as the 16th Emir of Kano. The three-member panel of justices delivered its judgment on Friday, declaring that the lower court lacked jurisdiction to invalidate the Kano State Emirate Council (Repeal) Law 2024, which facilitated Sanusi’s return to the throne.
The appellate court ruled that Justice Abubakar Liman of the Federal High Court in Kano erred in his June 20, 2024, judgment, which upheld a suit filed by a kingmaker, Alhaji Aminu Babba Dan Agundi. The suit had sought to maintain the status quo and prevent Sanusi’s reappointment.
In their judgment, the Appeal Court justices noted that the originating suit, which sought to enforce fundamental human rights, was incompetent. The panel held that the plaintiff’s grievances revolved around chieftaincy matters and not fundamental rights, which made the suit inappropriate for the legal process employed. This, they ruled, robbed the lower court of the jurisdiction to entertain the case.
The legal dispute began after the Kano State House of Assembly enacted the Kano State Emirate Council (Repeal) Law 2024 on May 23, 2024, which Governor Abba Yusuf promptly signed into law. The law reinstated the Kano Emirate as a singular entity and reversed the previous government’s decision to split it into five smaller emirates. The 15th Emir of Kano, Aminu Ado Bayero, was subsequently deposed, and the smaller emirates were downgraded to district heads. Governor Yusuf then reappointed Sanusi Lamido Sanusi, who had been deposed by his predecessor, Dr. Abdullahi Ganduje, in 2020.
However, Alhaji Agundi, a kingmaker and the Sarkin Dawaki Babba under the divided emirates, challenged Sanusi’s reappointment in court, arguing that it affected his role and the status of his domain. Justice Liman had sided with Agundi and declared the actions of the Kano State Government null and void.
The Appeal Court, however, disagreed. Justice Mohammed Mustapha, who delivered the lead judgment, emphasized that the plaintiff’s suit should have been filed as a civil case rather than a fundamental rights enforcement action. He noted that this procedural error rendered the entire case incompetent.
The court also criticized the lower court for failing to provide fair hearing to Bayero, the deposed 15th Emir, in related proceedings. Justice Mustapha ordered that Bayero’s case be remitted to the Chief Judge of the Kano State High Court to be reassigned to another judge for proper hearing. He stressed that the lack of hearing notice and other procedural lapses constituted a travesty of justice.
While Justice Mustapha and Justice Joseph Ikyegh agreed to strike out the suit challenging Sanusi’s reappointment, Justice Gabriel Kolawole offered a minority opinion. He concurred that the lower court lacked jurisdiction but suggested that the case should have been transferred to the Kano State High Court for reassignment rather than being struck out entirely.
The appellate court also remanded Bayero’s challenge against his removal for fresh proceedings, directing the Kano State High Court to handle the matter expeditiously.
This judgment effectively reinstates Sanusi Lamido Sanusi as the 16th Emir of Kano while reopening the door for Bayero to contest his dethronement under proper legal procedures. The decision is expected to have significant implications for the Kano Emirate’s leadership and governance.
