Court of Appeal overturns ruling that dismissed Sanusi as emir of Kano

The Court of Appeal in Abuja on Friday set aside a Federal High Court ruling that nullified the measures and actions of the Kano State Government last year based on the Kano State Emirate Council (Repeal) Act 2024, including the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano.

In delivering the judgement, a three-member panel of the Court of Appeal declared that the June 20, 2024 verdict of the Federal High Court in Kano was flawed as the court did not have jurisdiction to hear the case.

In the ruling delivered by Gabriel Kolawole, the Court of Appeal held that the Federal High Court judge, Abubakar Liman, acted without jurisdiction, holding that only the state High Court can exercise jurisdiction over chieftaincy laws and related matters.

The ruling is one of a series of rulings handed down by the court on a plethora of issues that arose from the Kano emirate bank dispute.

In another judgment by the same panel on Friday, the Court of Appeal ruled that it concluded that the High Court of Kano State denied Aminu Ado-Bayero, who claims the throne of Kano Emirate, a fair hearing at his hearing and the determination of a case opened by the state government to enforce the new law.

Friday's ruling nullifying the Federal Supreme Court's ruling on the new law of the emirate of Kano effectively validates the reinstatement of the actions of the Kano State Government, including the repeal of the Emirate Council Law of 2019 and the subsequent appointment of Mr. Sanusi as the 16th Emir of Kano.

Bottom

Governor Abba Yusuf of Kano State signed the Kano Emirate Council (Amendment No. 2) Bill, 2024 on May 23, 2024, the same day the state House of Assembly passed his bill and repealed the predecessor of the legislation, the Kano State Emirate Council Act 2019.

In implementing the new law, the governor dissolved the other four emirate councils of Gaya, Karaye, Rano and Bichi created by the old law enacted by the previous administration of Governor Abdullahi Ganduje, reverting to a single emirate of Kano as it originally existed.

Consequently, Mr. Yusuf dethroned the emirs of the four emirates and Aminu Ado-Bayero, as Emir of Kano who ascended the throne following the dethronement of Mr. Sanusi in March 2020 by the then Governor Ganduje.

An aggrieved king, Aminu Dan-Agundi, defied the law through a fundamental rights enforcement case opened on the same day, prompting Mr Liman to issue an interim order ordering the parties to maintain the status quo.

On June 20, 2024, Mr. Liman issued his final decision nullifying the measures taken under the new law, citing violations of his previous directive.

The judge ruled that the appointment of Mr. Sanusi as Emir of Kano was null and void as the government failed to comply with the court order restraining it from taking further action on the new emirate council law.

Appeal court findings

In the judgment delivered by Gabriel Kolawole, the Court of Appeal declared Justice Liman's order null and void, stating that the Federal Supreme Court did not have jurisdiction to hear the case.

Mr Kolawole explained that cases relating to traditional or chieftaincy issues, such as Mr Agundi's claim, fall exclusively within the jurisdiction of the state high courts.

“Having held that the Federal Supreme Court did not have jurisdiction, it necessarily follows that any order made by the trial court, including the annulment of steps and actions taken by the appellants and others by reason of disobedience to the order of the trial court, became null and void.

“A court that does not have jurisdiction to hear a substantive issue also has no jurisdiction to make any order or grant any relief in relation to that issue.

“The annulment order issued by the court of first instance, the subject of this appeal, is not sustainable because the said order was issued by a court that did not have jurisdiction to hear the action on the merits.

“In view of the foregoing, the order of the Federal Supreme Court, Kano judicial division, by Minister AM Liman (current Minister of the Court of Appeal) in case number: FHC/KN/182/2024, whose order was handed down on June 20, 2024, nullifying all measures and actions taken by the appellants and others in accordance with the Kano State Emirate Council (Repeal) Law of 2024, is annulled and consequently reserved,” Kolawole maintained.

He further clarified that a court without jurisdiction cannot issue binding orders or grant interim measures.

The panel also ruled that Mr Liman erred in assuming jurisdiction on June 13 to hear Mr Dab-Agundi's fundamental rights enforcement case.

Mr Kolawole noted that the process did not concern any fundamental rights protected by Chapter 4 of the Constitution or the African Charter on Human and Peoples' Rights, but dealt instead with issues of chieftaincy.

Disagreement between judges

Two other members of the panel – Mohammed Mustapha and Abdul Dogo – agreed with the annulment of Mr Liman's order, but disagreed with Mr Kolawole's directive to refer Mr Dan-Agundi's case to the Kano State High Court for determination .

The two judges argued that the case was improperly brought, lacked merit and would waste judicial time if sent back. Instead, they ordered the process to be canceled entirely.