By Kolawole Ojebisi
The Court of Appeal in Abuja has stopped the restoration of Alhaji Muhammadu Sanusi II as the Emir of Kano.
This decision was taken by a three-member panel of justices led by Justice Okon Abang, on Friday.The judges unanimously halted the implementation of the January 10 judgment, which vacated the nullification of Sanusi II’s appointment by a Kano State High Court, which it held was done without jurisdiction.
Recall that the judgment, which was delivered by Justice Gabriel Kolawole, held that the nullification of Sanusi II’s appointment was done without the required jurisdiction and ordered the transfer of the suit to the Kano State High Court.
However, ruling on the fresh applications with numbers CA/KN/27M/2025 and CA/KN/28M/2025, the appellate court agreed that the applications seeking to halt the enforcement of the earlier judgment pending the appeal before the Supreme Court were competent and meritorious.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” Justice Abang said.
He also noted that the subject matter before the court needs to be preserved because the applicant had served as emir for five years prior his removal, adding that he deserved the right to protection.
On January 10, Justice Kolawole, in vacating the order against Sanusi II’s appointment, held that the matter, being a chieftaincy dispute, ought to have been determined by the high court of Kano State rather than the Federal High Court, which he described as “a grave error”.
The Federal High Court in Kano, presided by Justice Abubakar Liman, had on June 20, 2024, nullified the Kano State Government’s Kano Emirates Council (Repeal) Law 2024, which reinstated Muhammadu Sanusi II as the 16th Emir.
In the fundamental rights enforcement suit by Aminu Baba-Dan’Agundi, the presiding judge further directed parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero.
However, the appellate court in its ruling, cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act to hold that the matter was a chieftaincy and state legislative dispute and not a fundamental rights matter, and such ought to have been taken before the Kano State High Court or the FCT High Court.
“The proper order to make is to order the first respondent (Baba-Dan’Agundi) to transfer the pending suit before the Federal High Court to the High Court of Kano State where the Chief Judge shall assign it to a judge who has not been previously involved in the hearing of the suit,” he said.
The judge awarded the cost of N500,000 against Dan’Agundi and in favour of the Kano State House of Assembly.
However, following the opinions of the presiding justice, Justice Mohammed Mustapha and Justice Abdul Dogo that the right order was to strike out Dan’Agundi’s suit filed at the Federal High Court and not to transfer same, the matter was struck out.
The five appeals such as CA/KN/126/2024 between the state assembly and Dan’Agundi; CA/ABJ/140/2023 state assembly and Dan’Agundi; CA/ABJ/142/2024 Kano State Government and Dan’Agundi; CA/KN/200/2024 Alhaji Aminu Ado Bayero and Attorney General of Kano State; and CA/KN/161/2020 Kano Government and Dan’Agundi emanated from the same issue before the Federal High Court.
