The Abuja Division of the Court of Appeal has overturned a June 20, 2024 ruling by the Federal High Court in Kano, which nullified the actions of the Kano State Government under the Kano State Emirate Council Law 2024.
The latest ruling, delivered on Friday by a three-member panel of Justices sitting in Abuja, affirmed the validity of the Kano State government’s actions, including the appointment of Muhammadu Sanusi II as the 16th Emir of Kano.
Justice Mohammed Mustapha, leading the appellate court panel, ruled that the Federal High Court, under Justice Abubakar Liman, had no jurisdiction to issue the June 20 order against the actions of the Kano State government.
The higher court found that the fundamental rights enforcement suit filed by Alhaji Aminu Babba Dan Agundi, an aggrieved kingmaker, on which the order was based, was invalid.
The Kano State House of Assembly and its Speaker had appealed against the earlier judgment before the appellate Court.
LEADERSHIP reports the Kano State House of Assembly had enacted the Kano State Emirate Council Law 2024 on May 23, 2024, which was signed into law by the state governor, Abba Kabir Yusuf, on the same day. The law led to the sacking of Emir Aminu Ado Bayero, the reinstatement of Emir Sanusi II, and the reversal of the creation of five new emirates by the administration of former Governor Umar Ganduje.
In its judgement, the Court of Appeal ruled that Justice Liman’s order violated an earlier status quo order issued on May 23, 2024, which had been intended to maintain the situation pending the outcome of the case.
The appellate court also found that the Federal High Court proceedings were flawed, particularly in denying Bayero and Sanusi II the opportunity to present their cases. Bayero was not served a hearing notice and thus could not respond to the claims made against him, while Sanusi II was also not notified to present his grievances before judgement was delivered.
The panel also described the handling of the case by the Kano State High Court as a travesty of justice, citing the lack of notice to Bayero and the improper continuation of the hearing after Bayero’s lawyer withdrew from the case in July 2024.
The Court of Appeal ruled that the judgement of the Federal High Court delivered on July 15, 2024, was a nullity and ordered that the case be reassigned to another judge of the Kano State High Court by the State’s Chief Judge for a fresh hearing.
The court emphasised that the principle of fair hearing must be upheld, declaring that the absence of fair hearing rendered the proceedings void and null.
