A’court rules federal high court lacks jurisdiction in Kano emirship tussle

The court of appeal in Abuja has barred the federal high court in Kano state from adjudicating over the Kano emirate legal battle. 

In a judgment delivered on Friday, the appellate court ruled that the lower court lacked jurisdiction to handle the case, as it pertained to chieftaincy matters rather than the violation of fundamental human rights, as claimed by the plaintiffs.

BACKGROUND

On May 23, 2024, the Kano house of assembly passed the amended bill, which Abba Yusuf, the state governor, signed into law.

The law repealed the 2019 version, which divided the Kano emirate into five jurisdictions and was relied upon to dethrone Muhammadu Sanusi II as emir in 2020.

On the same day, Sanusi was reinstated as Emir of Kano by kingmakers and the governor.

Aggrieved by the decision, Aminu Agundi and Sarkin Babba of the Kano emirate approached the federal high court to restrain the respondents from enforcing, implementing, and operationalising the law that reinstated Sanusi.

On May 23, Liman ordered the defendants to “suspend” and “not give effect to the Kano State Emirate Council (Repeal) Law, 2024, as they affect all offices and institutions of the Emirate Council created according to the provisions of the Kano State Emirate Council Law, 2019”.

Although the defendants had challenged the court’s jurisdiction to hear the suit and the locus standi of the applicants, Liman on June 13 held that the applicants were at liberty to contest the legality of their dethronement.

In another ruling on June 20, Liman nullified all actions by the Kano state government repealing the Kano Emirates Council Law of 2019 and ordered parties to maintain the status quo pending the determination of the case.

APPEAL COURT

However, in the verdict by the appellate court, Gabriel Kolawole, who delivered the lead judgment, held that the federal high court erred when it assumed the jurisdiction to hear the suit.

Kolawole then made an order to return the case file to the chief judge of the Kano state high court for reassignment to another judge.

Although Mustapha Mohammed and Abdul Dogo, the other presiding justices, agreed with Kolawole that the federal high court has no jurisdiction to hear the issue, they disagreed that the matter should be sent back for retrial.

Consequently, the two justices struck out the proceedings of the federal high court for want of jurisdiction.