NIGERIA: Kano Throne: Appeal Court Nullifies Ruling Against Sanusi II’s Emirship

By Ameenat Hamzat, Lagos, Nigeria 

The Court of Appeal in Abuja, has overturned the verdict of the Federal High Court in Kano, which had previously challenged the appointment of Muhammadu Sanusi II as the Emir of Kano.

This decision came after the Kano State Government appealed the earlier judgment that challenged Sanusi’s appointment as the 16th Emir of Kano.

The appellate court, led by Justice Mohammed Mustapha, concluded that the Federal High Court overstepped its jurisdiction by presiding over chieftaincy matters which are outside its authority.

The initial ruling, delivered by Justice Abdullahi Liman, in response to an application by Aminu Babba Dan’Agundi, one of the members of the emirate council under former Emir Aminu Ado Bayero, Dan’Agundi claimed that the removal of Bayero and the creation of new emirates through the Kano Emirate Council Repeal Law 2023 violated his fundamental rights.

However, the Court of Appeal dismissed this argument, stating that the case was improperly framed as a fundamental rights issue when it was actually a chieftaincy matter.

The court reaffirmed that the Federal High Court has no jurisdiction over chieftaincy disputes, referencing Section 251 of the Nigerian Constitution.

In another related case, the appellate court nullified a judgment by Justice Amina Aliyu of the Kano State High Court, which had previously barred Ado Bayero from presenting himself as emir.

The appeal court criticised the ruling for violating fair hearing principles and instructed the Kano State Chief Judge to reassign the case for a new trial.

This development, however, confirms that His Highness Muhammadu Sanusi II remains the 16th Emir of Kano.

He was reinstated on May 3, 2024, by Governor Abba Yusuf after the Kano State House of Assembly passed the Kano Emirates Repeal Law enacted by the Kano State House of Assembly under Speaker Jibrin Falgore.

Recalled that, the Kano State House of Assembly had on May 23, last year, enacted the Kano State Emirate Council (Repeal) Law 2024, which the state Governor, Abba Yusuf, assented to on the same day.

Governor Yusuf among other things, deposed the 15th Emir of Kano, Aminu Ado Bayero, and also reversed the status of the emirs of some emirate in the state: Bichi, Rano, Gaya, and Karaye, to that of district heads.

The Governor also reappointed the 14th Emir of Kano, Mohammadu Sanusi II, who was deposed in 2020 by the immediate past Governor Abdullahi Ganduje, who had also enacted the law that splits the Kano emirates into five.

One of the kingmaker Alhaji Dan Agundi, and the Sarkin Dawaki Babba who was dissatisfied with Sanusi’s reappointment

challenged the decision in court and secured an order for the maintenance of status quo, so as to allow the deposed 15th Emir, Bayero, to remain on seat.

Recalled that, the Kano State House of Assembly had on May 23, last year, enacted the Kano State Emirate Council (Repeal) Law 2024, which the state Governor, Abba Yusuf, assented to on the same day.

The Governor of the State, Abba Kabir Yusuf among other things, deposed the 15th Emir of Kano, Aminu Ado Bayero, and also reversed the status of the emirs of some emirate in the state: Bichi, Rano, Gaya, and Karaye, to that of district heads.