The Court of Appeal has overturned the decision of a Federal High Court in Kano that nullified the appointment of Emir Muhammadu Sanusi II.
Delivering the judgment, Justice Gabriel Omoniyi Kolawole cited Section 251 of the Nigerian Constitution, asserting that the Federal High Court lacked jurisdiction over chieftaincy matters, which are governed by the Kano State Emirate Council Law.
The court ruled that the claim by the 1st respondent, Aminu Baba-Dan’Agundi, pertained to chieftaincy issues, an area outside the Federal High Court’s jurisdiction.
On the relief sought by Baba-Dan’Agundi challenging the Kano State legislature’s authority to make laws, the appellate court noted that such issues cannot be addressed through a Fundamental Rights Enforcement Procedure (FREP).
Justice Kolawole referenced the Supreme Court ruling in the case of Tukur v. Governor of Gongola State, highlighting that the trial court erred in distinguishing the current case from Tukur’s case.
The appellate court also voided the order for maintaining the status quo, stating that it was issued without jurisdiction, as the foundational case was rooted in a chieftaincy matter outside the scope of the trial court’s authority.
“The trial court was wrong to have held that Tukur’s case is not similar to the 1st respondent’s case,” the court held.
The appellate court further emphasized that the claims brought by Baba-Dan’Agundi were improperly framed as a fundamental rights case under the FREP rules, agreeing with the appellants’ position.
“Appeal is hereby allowed,” the court concluded, effectively reinstating the legitimacy of Emir Muhammadu Sanusi II’s appointment.
