Monday, January 13, 2025

Appeal Court vacates order nullifying Sanusi’s reinstatement as emir

The court, therefore, ordered the transfer of the suit to the Kano State High Court.

• January 10, 2025
Emir of Kano, Sanusi Lamido Sanusi
Emir of Kano, Sanusi Lamido Sanusi

A Court of Appeal in Abuja has vacated the order nullifying the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano State.

According to the judgment by a three-member panel of justices, the nullification of Mr Sanusi’s appointment was done without the required jurisdiction. The court, therefore, ordered the transfer of the suit to the Kano State High Court.

The justices noted that the matter ought to be decided by the High Court of Kano State since it pertains to a chieftaincy-related issue.

Recall that the Federal High Court in Kano, presided over by Justice Abubakar Liman, had in June last year nullified the Kano Emirates Council (Repeal) Law 2024, reinstating Muhammadu Sanusi II as the 16th Emir.

While ruling on the fundamental rights enforcement suit filed by Aminu Baba-Dan’Agundi, Mr Liman further directed parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero.

However, in its ruling read by Justice Gabriel Kolawole on Friday, the appellate court relied on Section 251 of the Nigerian Constitution to hold that the matter was a chieftaincy dispute and not a fundamental rights matter.

The judge further awarded the cost of N500,000 against Mr Baba-Dan’Agundi in favour of the Kano State House of Assembly.

“The proper order to make is to order the 1st 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,” the ruling read.

It added: “In view of the above, the order made by the Federal High Court, Kano judicial division by Justice A. M. Liman (now JCA) in suit number: FHC/KN/182/2024, which order was handed down on the 20th of June 2024 nullifying all steps and actions taken by the appellants and others in pursuant of the Kano State Emirates Council (Repeal) Law 2024 is hereby nullified and accordingly, set aside.”

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