The Court of Appeal in Abuja has temporarily stopped the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano.
A three-judge panel, led by Justice Okon Abang, on Friday unanimously blocked the enforcement of the January 10 judgment. This judgment had overturned the annulment of Sanusi II’s appointment by a Kano State High Court, which had ruled that the annulment was done without jurisdiction.
The ruling, delivered by Justice Gabriel Kolawole, stated that the annulment of Sanusi II’s appointment lacked the necessary jurisdiction and ordered that the case be transferred to the Kano State High Court.
However, in a ruling on new applications numbered CA/KN/27M/2025 and CA/KN/28M/2025, the appellate court agreed that the requests to suspend the enforcement of the earlier judgment while the case is pending before the Supreme Court were valid and well-founded.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” he said.
Justice Abang also noted that the subject matter before the court needs to be preserved because the applicant had served as emir for five years before his removal, adding that he deserved the right to protection.
On January 10, Justice Kolawole overturned the order against Sanusi II’s appointment, stating that since the case involved a chieftaincy dispute, it should have been handled by the Kano State High Court rather than the Federal High Court, which he described as “a serious error.”
READ ALSO: You’ll be Deported if Your Stay is Not in US Best Interest – JD Vance Tells Foreign Students
Earlier, on June 20, 2024, the Federal High Court in Kano, presided over by Justice Abubakar Liman, had nullified the Kano Emirates Council (Repeal) Law 2024, which reinstated Muhammadu Sanusi II as the 16th Emir.
In a fundamental rights enforcement suit filed by Aminu Baba-Dan’Agundi, the judge also ordered all parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero.
However, in its ruling, the Court of Appeal referenced Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act, stating that the case involved a chieftaincy and state legislative dispute rather than a fundamental rights issue. Therefore, it should have been brought before either the Kano State High Court or the FCT High Court.
“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,” he said.
The judge ordered Dan’Agundi to pay N500,000 in costs to the Kano State House of Assembly.
However, based on the opinions of Presiding Justice Mohammed Mustapha and Justice Abdul Dogo, who ruled that the proper course of action was to strike out Dan’Agundi’s suit at the Federal High Court rather than transfer it, the case was dismissed.
The five related appeals—CA/KN/126/2024 (State Assembly vs. Dan’Agundi), CA/ABJ/140/2023 (State Assembly vs. Dan’Agundi), CA/ABJ/142/2024 (Kano State Government vs. Dan’Agundi), CA/KN/200/2024 (Alhaji Aminu Ado Bayero & Attorney General of Kano State), and CA/KN/161/2020 (Kano Government vs. Dan’Agundi)—all stemmed from the same issue before the Federal High Court.
Follow Parallel Facts on WhatsApp Channel: https://whatsapp.com/channel/0029VaCQSAoHgZWiDjR3Kn2E
