The Court of Appeal has overturned decisions made by a Federal High Court in Kano that nullified the appointment of Muhammadu Sanusi II as the Emir of Kano. Justice Gabriel Omoniyi Kolawole, who read the judgment, ruled that the Federal High Court acted outside its jurisdiction in handling the case.
The appellate court clarified that the matter, raised by Aminu Baba-Dan’Agundi, primarily involved chieftaincy issues under the Kano State Emirate Council Law, which are beyond the Federal High Court’s purview. Citing Section 251 of the Nigerian Constitution, the court emphasized that such disputes fall under state jurisdiction.
Court’s Decision on Jurisdiction
Justice Kolawole stated, “The Federal High Court had no business interfering in this matter, as it is deeply rooted in chieftaincy issues, which are governed by the Kano State Emirate Council Law.”
The appellate court also noted that Mr. Baba-Dan’Agundi’s attempt to challenge the legislative authority to enact such laws was inappropriate under the Fundamental Rights Enforcement Procedure (FREP) rules. The judges ruled that fundamental rights enforcement cannot address issues related to state chieftaincy laws.
Reference to Supreme Court Precedent
The Court of Appeal referenced a similar case decided by the Supreme Court in Tukur v. Governor of Gongola State. Justice Kolawole remarked, “The trial court was wrong to distinguish this case from the precedent set in Tukur’s case. Both cases are fundamentally similar.”
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Maintenance of Status Quo Overruled
On the issue of maintaining the status quo, the Court of Appeal ruled that the earlier order was made without proper jurisdiction. “The decision in the sister appeal, which established that the trial court’s case was rooted in chieftaincy matters, directly impacts this appeal. The order for maintaining the status quo was, therefore, made without jurisdiction,” the court held.
Appeals Allowed
The appellate court fully agreed with the appellants that Mr. Baba-Dan’Agundi’s case was not grounded in a fundamental rights action. The court ruled, “The trial court was wrong to assert that the *Tukur* case is not similar to the present case. The appeal is hereby allowed.”
A Victory for Emir Sanusi
This judgment comes as a significant legal win for Muhammadu Sanusi II, whose appointment as Emir of Kano had been embroiled in controversy. The Court of Appeal’s decision reaffirms his position and underscores the jurisdictional boundaries in chieftaincy matters.
Sanusi’s supporters have expressed relief at the judgment, seeing it as a victory for justice and the rule of law. Meanwhile, analysts believe the ruling will serve as a precedent for similar disputes in the future.
This case has highlighted the importance of proper jurisdiction in legal matters and reinforced the need for courts to adhere strictly to constitutional provisions.