By Ayo Kehinde
The Court of Appeal, Abuja, has set aside an order nullifying the reinstatement of Muhammadu Lamido Sanusi II as the 16th Emir of Kano.
Governor Abba Yusuf had last year reinstated Lamido Sanusi as Emir Kano after he dissolved four emirate councils of Gaya, Karaye, Rano, and Bichi, created by the previous administration led by Abdullahi Ganduje, merging them into a single Kano emirate, as it had originally existed. The Governor also sacked the emirs of the four emirates and Aminu Ado-Bayero, the 15th Emir of Kano, who had ascended the throne following the dethronement of Lamido Sanusi in March 2020.
Following the controversy over the emirate crisis, an aggrieved title holder in Kano emirate, Alhaji Aminu Babba Dan Agundi, filed a fundamental rights enforcement suit before the Federal High Court in Kano, to challenge the government’s decision.
Ruling on June 20, in the suit marked FHC/KN/CS/182/2024, Justice Abubakar Lima nullified the steps taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including the reinstatement of Lamido Sanusi as 16th Emir.
Dissatisfied with the order, the decision was challenged at the appeal court. Ruling on Friday, on the appeal, a three-member panel of the appellate court led by Justice Mustapha Mohammed, held that the Federal High Court lacked the jurisdiction to dabble into the Kano State Chieftaincy Matters on the ground that such a case can only be determined by the Kano High Court.
The appellate court held that the fundamental rights enforcement suit filed by Alhaji Agundi, upon which Justice Abubakar Liman issued the June 20 order, was not only invalid but also void since the Court lacked the jurisdiction to hear it.
However, a minority judgement read by Justice Gabriel Kolawole, ordered that the matter be returned to the Kano State High Court. He directed the Chief Judge of the Kano State High Court to reassign the case for fresh adjudication.
Earlier, the appellate court in another judgement, ordered a fresh hearing of the suit the embattled 15th Emir, Bayero, filed to challenge the decision of Governor Yusuf to unseat him.
