The Court of Appeal in Abuja has put a halt to the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano. The ruling, delivered on Friday by a three-member panel led by Justice Okon Abang, suspended the enforcement of a previous judgment that had vacated the nullification of Sanusi’s appointment.
Court Says Matter Needs to Be Properly Handled
The appellate court’s decision follows fresh applications, CA/KN/27M/2025 and CA/KN/28M/2025, seeking to stop the implementation of the earlier ruling until the Supreme Court hears the case. Justice Abang emphasized that the court must act in the interest of justice.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” he said.
He further explained that the matter needed to be preserved because Sanusi had served as emir for five years before his removal. “The subject matter before the court must be protected,” he added.
Background of the Legal Battle
On January 10, Justice Gabriel Kolawole had overturned the nullification of Sanusi’s appointment, arguing that the Federal High Court in Kano had no jurisdiction to rule on the matter. He ordered that the case be transferred to the Kano State High Court, stating that chieftaincy disputes should be handled at the state level.
Previously, Justice Abubakar Liman of the Federal High Court had, on June 20, 2024, nullified the Kano State Government’s Kano Emirates Council (Repeal) Law 2024, which had reinstated Sanusi as the 16th Emir of Kano. The ruling was based on a fundamental rights enforcement suit filed by Aminu Baba-Dan’Agundi.
Justice Liman also instructed all parties, including the Kano State House of Assembly, to maintain the status quo under Emir Ado Bayero’s leadership.
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Appeal Court Rules on Jurisdiction
The Court of Appeal, in its ruling, cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act to justify its decision. It held that the case was not a fundamental rights issue but a state legislative and chieftaincy dispute.
“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 previously been involved in the case,” Justice Abang stated.
As part of the ruling, the court awarded N500,000 in costs against Baba-Dan’Agundi in favor of the Kano State House of Assembly.
Final Decision: Case Struck Out
Despite Justice Abang’s recommendation to transfer the case, Justices Mohammed Mustapha and Abdul Dogo disagreed. They ruled that the right order was to strike out Baba-Dan’Agundi’s suit at the Federal High Court instead of transferring it. As a result, the case was struck out entirely.
Several appeals, including CA/KN/126/2024, CA/ABJ/140/2023, CA/ABJ/142/2024, CA/KN/200/2024, and CA/KN/161/2020, all related to the emirate dispute, were also affected by this ruling.