The Court of Appeal, Abuja Division, on Friday, overuled the verdict of the Federal HighCourt, Kano Divison over the appointment of Emir Mohammadu Sanusi II. In the Kano State government’s appeal on the chieftaincy issue, the appellate court overturned the lower court’s decision that questioned Sanusi’s appointment as 16th emir.
In a judgment delivered by a three-member panel led by Justice Mohammed Mustapha, the appellate court insisted that the Federal High Court overstretched its limit to rule on a matter itis lacking jurisdiction.
In an application for enforcement of fundamental rights brought before Justice Abdullahi Liman of the then Federal High Court Kano, by Aminu Babba Dan’Agundi, a former emirate council under the former Emir Aminu Ado Bayero, the lower court nullified government’s appointment of Sanusi as first class emir.
But the appellate court voided the judgment of Justice Liman, now promoted to the Court of Appeal, insisting that a Federal High Court has no business with chieftaincy matters.
The appellate Justice said the trial court lacked the power to order for maintenance of status quo in a matter it has no jurisdiction and thereby set aside the controversial ruling that placed Kano with two ruling emirs.
Besides assuming wrong jurisdiction, the Court of Appeal held that Justice Liman wrongfully assumed a share giver status by dabbling into a chieftaincy affair, which was out of the fundamental rights sought by the plaintiff.
Aminu Babba Dan’Agundi had insisted the Kano State government sack ofBayero and the dissolution of the five emirates through the new Emirate Council Repeal Law 2023 without due consultation had negatively affected his fundamental rights.
The court further declared that the Federal High Court had no jurisdiction to intervene in matters pertaining to the Kano State Emirate Council law. It emphasised that the principal reliefs sought by Bayero fell outside of the scope of fundamental human rights and were, in fact, related to chieftaincy matters.
Citing Section 251 of the Nigerian Constitution, the court pointed out that the Federal High Court does not have the authority to handle issues related to chieftaincy.
In a similar case, the appellate court upturned the judgment of Justice Amina Adamu Aliyu of the state High Court and directed Kano StateChief Judge to reassign the matter for fresh hearing.
The earlier verdict that held a perpetual decision restricting Aminu Ado Bayero from parading himself as emir was said to have been taken without the fundamental principle of fair hearing.
Justice Aliyu of Kano High Court ruled in favour of Kano StateHouse of Assembly, which asked the court to validate the passage of Kano Emirate Council Repeal Law which sacked Bayero and four others and uphold the appointment of Sanusi as 16th emir of Kano.
The Court of Appeal, therefore, ordered that the case be remitted to the Chief Judge of the Kano State High Court to be reassigned to another judge for expeditious determination.
