The Federal High Court in Kano, presided over by Justice A. M. Liman, has nullified the reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano. The court decided not to nullify the Kano Emirate itself but overturned actions taken by the state government regarding the emirate.
Justice Liman ordered that all steps taken by the state government under the Kano State Emirate Council Law be annulled. “I hereby order that every step taken by the defendant in pursuant to Kano State Emirate Council Law are hereby annulled and set aside,” he stated.
However, Justice Liman emphasized that this annulment does not affect the validity of the law itself. He refused the applicant’s request to nullify the law, stating, “This order does not affect the validity of the law, which is the subject matter, and I refuse the prayer by the applicant to nullify the law. I order that status quo be maintained.”
The judge highlighted that the government was aware of a court order from May 23, directing all parties to maintain the status quo pending the case’s resolution. He criticized the government’s disregard for this order. “I am convinced that the respondents are aware of the order dated May 23, to maintain status quo pending the hearing and determination of the case. It is a very serious matter for anyone to flout the orders of the court and go scot-free with it,” he asserted.
Justice Liman noted that the respondents could have avoided the situation by complying with the court’s directive. “The catastrophic situation could have been averted if the respondents followed due process by complying with the court order, which would still have allowed them to carry out their assignments,” he added.
Earlier, counsel to the applicant, M. S. Waziri, had urged the court to nullify the Kano Emirates Council (Repeal) Law 2024. The court granted a stay of proceedings on the jurisdiction issue, allowing the case to be heard in its entirety.
During the proceedings, Counsel to the Kano State House of Assembly and Speaker, Eyitayo Fatogun SAN, informed the court that he had filed a notice of appeal and a motion to stay proceedings. He requested an adjournment to allow his clients to find another lawyer and to resolve jurisdiction issues at the Court of Appeal. Counsel to the Attorney General of Kano State and the State Government, Mr. A. G. Wakil, supported Fatogun’s position.
Additionally, Counsel to the Commissioner of Police Kano and the Inspector General of Police, Mr. Sunday Ekwe, stated that the police’s role was to maintain peace, which is why they had not filed any responses regarding jurisdiction.
The case was initially brought to court by Aminu Babba Dan’Agundi, the Sarkin Dawaki Babba of the Kano Emirate, who sought to protect his fundamental human rights and prevent the respondents from enforcing the repealed law. The respondents in the suit included the Kano State Government, the Kano State House of Assembly, the Speaker of the Kano State House of Assembly, the Attorney General of Kano State, the Commissioner of Police Kano, the Inspector General of Police, the Nigeria Security and Civil Defence Corps (NSCDC), and the Department of State Services (DSS).