iDeemlawfulThere is widespread joy as the appeal court ruled in favor of Emir Sanusi in Kano Emirateship tussle.
The court has dismissed the case filed by Lamido Bayero, who was challenging Sanusi’s appointment as Emir.
Atleast, Hundreds supporters of the Emir of Kano Alhaji Muhammadu Sanusi 11, burst with celebration at the city central Mosque after Appeal Court ruled in his favor.
The Mosque was filled with Worshippers as the Emir led the Friday Jumu’ah prayer, which commenced around 2:18 pm.
The Court of Appeal in Abuja on Friday set aside the June 20, 2024 order by Justice Abubakar Liman of the Federal High Court, Kano that nullified the steps taken by the Kano State Government pursuant to the Kano State Emirate Council (Repeal) Law 2024, including Sanusi’s appointment as the 16th Emir of Kano.
The Court of Appeal held that the order nullifying the steps taken by the Kano State Government pursuant to the 2024 Emirates Council Law was made by Justice Liman without jurisdiction.
The appellate court ruled that the fundamental rights enforcement suit filed by Aminu Babba Dan Agundi, on behalf of the dethroned 15th Emir of Kano, Aminu Bayero, in which Justice Liman issued the June 20 order restraining Sanusi’s reinstatement as 16th Emir, was invalid, as the Federal High Court lacked the jurisdiction to hear it.
Friday’s ruling brought to end the long-running legal dispute that threatened the peace of the Kano Emirate.
The Court of Appeal on Friday declared that the Federal High Court could not have intervened in the matter which pertains to the Kano State Emirate Council law.
The three-man panel, headed by Justice Mohammed Mustapha, emphasised that the principal reliefs sought by aggrieved kingmaker, Dan Agundi, on behalf of Bayero, fell outside the scope of fundamental human rights and were, in fact, related to chieftaincy matters.
Citing Section 251 of the Nigerian Constitution, the court pointed out that the Federal High Court does not have the authority to handle issues related to chieftaincy.
Sanusi’s supporters on Friday said the verdict is a clear endorsement of the legal framework governing the Kano Emirate and a decisive affirmation of Sanusi’s rightful position as the 16th Emir of Kano.
In another verdict, the Court of Appeal in Abuja has ordered a fresh hearing in the legal battle over the disputed Kano Emirate involving Ado Bayero.
A three-member panel led by Justice Mohammed Mustapha held that the judgment delivered by the lower court on July 15 was a nullity, as the appellants’ rights to a fair hearing were breached.
The appellate court held that Bayero was denied a fair hearing due to how a Kano High Court conducted proceedings against him.
The court stated that the Kano High Court was unfair to Bayero by conducting proceedings without serving him a hearing notice to enable him to present his case.
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.
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.
The court while determining one of the issues raised by the appellant, which has to do with a fair hearing, held that the appellant should have been notified and allowed access to counsel after his lawyer withdrew from the matter during proceedings on July 4, 2024, instead, the court continued to hear the matter without proper notification where necessary.
It could be recalled that, the Kano State High Court had earlier issued a restraining order against Bayero and four other former Emirs, preventing them from laying claim to the Emirship title
