The Court of Appeal in Abuja has set aside a Federal High Court judgement nullifying the Kano State Government’s last year’s steps and actions based on the Kano State Emirate Council (Repeal) Law 2024, including the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano.
Penpushing reports that a three-member panel of the Court of Appeal delivering judgment on Friday declared that the June 20, 2024 verdict of the Federal High Court in Kano was flawed as the court lacked the jurisdiction to hear the suit.
The Appeal Court in the lead judgement delivered by Justice Gabriel Kolawole held that Federal High Court judge Justice Abubakar Liman acted without jurisdiction, holding that only the state High Court can exercise jurisdiction over chieftaincy laws and related matters.
Penpushing further reports that the judgement is one in a series of decisions the court gave on a plethora of issues that arose from the dispute over the Kano emirate stool, while in another judgement by the same panel on Friday, the Court of Appeal ruled that found that the High Court of Kano State denied Aminu Ado-Bayero, who is laying claim to the Kano emirate throne, fair hearing in its hearing and determination of a case filed by the state government to enforce the new law.
The judgement overturning the Federal High Court’s decision on the new Kano emirate law effectively validates the reinstatement of the Kano State Government’s actions, including the repeal of the 2019 Emirate Council Law and the subsequent appointment of Sanusi as the 16th Emir of Kano.
Penpushing also reports that it is recalled that Kano State Governor Abba Yusuf signed the Kano Emirate Council (Amendment No. 2) Law, 2024 on 23 May 2024, the same day the House of Assembly passed its bill and repealed the legislation’s predecessor, the Kano State Emirate Council Law 2019.
The Governor implementing the new law, dissolved the four other emirate councils of Gaya, Karaye, Rano, and Bichi created by the old law enacted by the previous administration of Governor Abdullahi Ganduje, reverting to a single Kano emirate as it had originally existed.
Penpushing reports that the Governor consequently, dethroned the emirs of the four emirates and Aminu Ado-Bayero, as Emir of Kano who had ascended the throne following the dethronement of Sanusi in March 2020 by the then-Governor Ganduje.
The record equally has it that an aggrieved kingmaker, Aminu Dan-Agundi, challenged the law through a fundamental rights enforcement suit filed on the same day, prompting Liman to issue an interim order directing parties to maintain the status quo.
Penpushing further reports that on June 20,2024, the judge gave his final judgement nullifying the steps taken under the new law, citing violations of his earlier directive, and ruled that the appointment of Sanusi as Kano emir was null and void as the government failed to obey the court order restraining it from taking further actions on the new emirate council law.
The lead judgment delivered by Justice Gabriel Kolawole, the Court of Appeal declared Justice Liman’s order null and void, stating that the Federal High Court lacked the jurisdiction to entertain the suit, explaining that cases concerning traditional or chieftaincy matters, such as Agundi’s claim, fall exclusively within the jurisdiction of state high courts.
‘Having held that the Federal High Court lacked the jurisdiction, it necessary follows that any order made by the trial court including the annulment of the steps and actions taken by the appellants and others on grounds of disobedience of the order of the lower court has become null and void’.
‘A court that lacks the jurisdiction to entertain a substantive matter also lacks the competence to make any order or grant any relief in respect of that matter. The annulment order made by the trial court, which is the subject of this appeal, is not sustainable because the said order was made by a court that lacked the jurisdiction to entertain the substantive suit’.
“In view of the above, the order made by the Federal High Court, Kano judicial division by Justice A. M. Liman (now Justice of Court of Appeal) in suit number: FHC/KN/182/2024, which order was handed down on the 20th of June 2024 nullifying all step’s and actions taken by the appellants and others in pursuant of the Kano State Emirate Council (Repeal) Law 2024 is hereby nullified and accordingly, set aside’, Kolawole held.
Penpushing also reports that the judge in addition clarified that a court without jurisdiction cannot make binding orders or grant reliefs., emphasizing that Liman erred in assuming jurisdiction on June 13 to hear Dab-Agundi’s fundamental rights enforcement suit.
The judge pointed out that the suit did not pertain to any fundamental rights protected under Chapter 4 of the Constitution or the African Charter on Human and Peoples’ Rights but instead dealt with chieftaincy issues.
Penpushing reports that two other members of the panel – Justice Mohammed Mustapha and Justice Abdul Dogo agreed with the nullification of Liman’s order, but disagreed with Kolawole’s directive to remit Dan-Agundi’s suit to the Kano State High Court for determination.
Meanwhile, the two justices, however, argued that the case was improperly initiated, lacked merit, and would waste judicial time if remitted., and therefore, instead, they ordered that the suit be struck out entirely.
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