The Court of Appeal in Abuja has issued a ruling suspending the reinstatement of Alhaji Muhammadu Sanusi II as the Emir of Kano.
A three-member panel of justices, led by Justice Okon Abang, unanimously halted the enforcement of a January 10 judgment that had overturned the nullification of Sanusi II’s appointment. The court held that the earlier ruling by the Kano State High Court was made without jurisdiction.
The January 10 judgment, delivered by Justice Gabriel Kolawole, had declared that the nullification of Sanusi II’s appointment lacked legal standing. It further directed that the case be transferred to the Kano State High Court for proper adjudication.
However, in response to fresh applications numbered CA/KN/27M/2025 and CA/KN/28M/2025, the appellate court ruled in favor of halting the implementation of the previous judgment pending an appeal before the Supreme Court. Justice Abang emphasized that the court must exercise its discretion “judiciously and in the interest of justice.” He added that the subject matter needed to be preserved, as Sanusi II had served as emir for five years before his removal and was entitled to legal protection.
Justice Kolawole’s ruling on January 10 had stated that, as a chieftaincy dispute, the matter should have been handled by the Kano State High Court rather than the Federal High Court, calling the latter’s involvement “a grave error.”
The Federal High Court in Kano, presided over by Justice Abubakar Liman, had on June 20, 2024, nullified the Kano State Government’s Kano Emirates Council (Repeal) Law 2024, which reinstated Sanusi II as the 16th Emir. The ruling was in response to a fundamental rights enforcement suit filed by Aminu Baba-Dan’Agundi. Justice Liman had also directed all parties, including the Kano State House of Assembly, to maintain the status quo under the reign of Emir Ado Bayero.
In its ruling, the appellate court cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act, affirming that the case involved a chieftaincy and state legislative dispute rather than a fundamental rights matter. It held that such disputes should be heard by the Kano State High Court or the FCT High Court, not the Federal High Court.
“The proper order to make is to direct the first 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 previously handled the case,” Justice Abang ruled.
The court also awarded a cost of N500,000 against Baba-Dan’Agundi in favor of the Kano State House of Assembly.
However, a differing opinion from presiding Justice Mohammed Mustapha and Justice Abdul Dogo held that the correct legal action was to strike out Baba-Dan’Agundi’s suit rather than transfer it. Consequently, the matter was struck out.
Several appeals emanating from the dispute—including CA/KN/126/2024, CA/ABJ/140/2023, CA/ABJ/142/2024, CA/KN/200/2024, and CA/KN/161/2020—remain linked to ongoing legal proceedings before the courts.
