By Ibrahim Muhammad The Court of Appeal in Abuja has overturned the verdict of the Federal High Court in Kano, affirming Muhamm...
By Ibrahim Muhammad
The Court of Appeal in Abuja has overturned the verdict of the Federal High Court in Kano, affirming Muhammadu Sanusi II's appointment as the 16th Emir of Kano.
This decision comes after the Kano State Government appealed the lower court's ruling, which had questioned Sanusi's appointment.
The appellate court, led by Justice Mohammed Mustapha, ruled that the Federal High Court had overstepped its jurisdiction in ruling on the matter. The court emphasized that chieftaincy issues fall outside the scope of fundamental human rights and are therefore not within the Federal High Court's purview.
The case originated from an application filed by Aminu Babba Dan'Agundi, a former emirate council member under Emir Aminu Ado Bayero, who challenged Sanusi's appointment as first-class emir.
However, the appellate court voided the judgment of Justice Abdullahi Liman, stating that the Federal High Court lacks the authority to intervene in matters related to the Kano State Emirate Council law ¹.
Citing Section 251 of the Nigerian Constitution, the court pointed out that the Federal High Court does not have the authority to handle issues related to chieftaincy. This ruling effectively sets aside the controversial decision that had led to Kano having two rival emirs.
In a similar case, the appellate court overturned the judgment of Justice Amina Adamu Aliyu of the state high court and directed the Kano State Chief Judge to reassign the matter for a fresh hearing.
With this judgment, Muhammadu Sanusi II remains the recognized ruler of the Kano throne, as reinstated by Governor Abba Kabir Yusuf on May 3, 2024, following the enactment of the Kano Emirates repeal law by the Kano State House of Assembly.
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