Appeal Court Nullifies Judgements on Kano Emirship Tussle

*Strikes out suit filed at Federal High Court, orders retrial of High Court case

Alex Enumah in Abuja

The Court of Appeal sitting in Abuja, on Friday nullified two separate judgements of both the Federal High Court in Kano and the Kano State High Court in respect of the litigations surrounding the emirship of Kano.

Aminu Ado Bayero and Sanusi Lamido Sanusi alongside the Kano State Government are currently locked in legal battle over who is the authentic Emir of Kano.

While the Federal High Court in its judgement delivered on June 20, last year had ruled in favour of the deposed Ado Bayero, the State High Court had in its judgement delivered on July 15 favoured Sanusi and the Kano State Government.

However, delivering judgements in five separate appeals against the two lower courts judgements, the appellate court held that two lower courts erred in law in arriving at their various conclusions and subsequently declared the two judgements a nullity.

While the appellate in a unanimous decision ordered a fresh trial of the suit that emanated from the State High Court by a different judge, it however in a two-to-one judgement struck out that of the case that emanated from the Federal High Court, for want of jurisdiction.

Recall that Justice Abubakar Liman of the Federal High Court had in his June 20 judgement nullified all the steps taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi as the 16th Emir of Kano.

He had predicated his decision on the grounds that the government took all the steps in violation of his earlier order made on May 23, 2024, directing parties, in Agundi’s fundamental rights suit, to maintain status quo.

However, delivering judgement in the appeal by the Kano State House of Assembly and its Speaker marked: CA/KN/140/2024 against Agundi and others, the three-member panel of the Court of Appeal, Kano, held that the order nullifying the steps taken by the Kano State Government by Justice Liman then of the Federal High Court, kano was made without jurisdiction.

According to the appellate court, the trial court erred in law when it assumed jurisdiction of a chieftaincy matter as a fundamental rights enforcement suit, adding that cases bordering on chieftaincy matters can only be determined by a state high court.

However, while Justice Gabriel Kolawole who delivered the lead judgement, ordered that the case be returned to Kano State High Court which has the proper jurisdiction for such matters, the Presiding Justice, Mustapha Mohammed and another disagreed on returned of the case to the Kano Chief Judge for reassignment to a Judge of the State High Court.

Instead, the two Justices held that the proper order to be made was for striking out of the case and not remittance.

Consequently, the two justices struck out the proceedings of the Federal High Court on the grounds that it has no jurisdiction to have dabbled into the matter in the first instance.

Meanwhile, in the appeal against the judgement of the Kano State High Court, the appellate court agreed with Bayero that he was not given fair hearing by the lower court, hence all the proceedings and subsequent judgement is a nullity.

According to Justice Mohammed Mustapha, it was wrong for the trial court to conclude that the appellant abandoned his case, when in fact it failed to issue him with a hearing notice after his counsel withdrew from the matter.

Justice Mustapha held that all courts of law are bound to ensure justice for all parties by giving them equal opportunities, adding that the conduct of the proceedings against Bayero amounted to a travesty of justice.

Specifically, the appellate court held that Bayero ought to have been served with a hearing notice to allow him to present his grievances before judgement was delivered against him in what it described as a shoddy arrangement.

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.