In a significant legal development, the Court of Appeal in Abuja has reinstated Muhammadu Sanusi II as the 16th Emir of Kano, overturning a previous judgment by the Federal High Court in Kano that had nullified his appointment.
The appellate court, led by Justice Mohammed Mustapha, ruled that the Federal High Court lacked jurisdiction over chieftaincy matters, which are outside its constitutional purview. This decision effectively nullifies the earlier verdict by Justice Abdullahi Liman, which had questioned Sanusi’s appointment following the enactment of the Kano Emirate Council Repeal Law 2023.
The case originated from a suit filed by Aminu Babba Dan’Agundi, a member of the emirate council under former Emir Aminu Ado Bayero, who contended that the dissolution of the emirates and the subsequent appointment of Sanusi infringed upon his fundamental rights. However, the Court of Appeal determined that such chieftaincy issues do not fall within the scope of fundamental human rights enforceable by the Federal High Court.
This ruling underscores the judiciary’s role in delineating the boundaries of legal authority concerning traditional institutions. It also reaffirms the legitimacy of Emir Sanusi II’s position, following his reinstatement by Governor Abba Yusuf in May 2024 after the Kano State House of Assembly enacted the Kano Emirates Repeal Law.
The judgment has been met with varied reactions, reflecting the complexities inherent in the governance of traditional institutions within Nigeria’s legal framework. As the situation evolves, it highlights the ongoing interplay between customary authority and judicial oversight in the country’s sociopolitical landscape.
