Court of Appeal Reinstates Emir Sanusi II, Nullifies Kano High Court’s Judgment

In a landmark ruling, the Court of Appeal has reinstated Muhammadu Sanusi II as the Emir of Kano, overturning a controversial decision by the Federal High Court in Kano that had nullified his appointment.

Justice Gabriel Omoniyi Kolawole, delivering the judgment, declared that the Federal High Court lacked jurisdiction over matters rooted in chieftaincy disputes governed by Kano State Emirate Council Law, deeming its earlier ruling invalid.

The appellate court’s decision not only restores the status of Emir Sanusi II but also raises questions about judicial overreach and procedural adherence in Nigeria’s legal system.

A Tussle Rooted in Tradition and Politics

The emirship tussle dates back to 2014, when Muhammadu Sanusi II, former Governor of the Central Bank of Nigeria, was appointed as the Emir of Kano after the death of his predecessor, Ado Bayero. His ascension was met with mixed reactions, including significant political opposition. Known for his vocal criticism of government policies, Sanusi became a polarizing figure during his reign, drawing both admiration and criticism.

In March 2020, under the administration of Governor Abdullahi Ganduje, Sanusi was controversially dethroned and exiled to Nasarawa State on allegations of insubordination. This act was widely perceived as politically motivated, further deepening the division within the Kano Emirate.

However, following the defeat of the APC government in Kano, the governor, Abba Kabir Yusuf of the New Nigeria People’s Party (NNPP), reinstated Sanusi. The current case began when Aminu Baba-Dan’Agundi, a former member of the Kano Emirate Council, challenged Sanusi’s initial appointment, citing procedural irregularities and alleged violations of the Kano State Emirate Council Law.

In May 2024, Justice S. A. Amobeda of the Federal High Court sitting in Kano issued an order for the eviction of the reinstated Emir of Kano, Muhammadu Sanusi II, from the Emir’s Palace.

The court also directed the police to ensure that all rights and privileges due to the 15th Fulani Emir of Kano, Aminu Bayero, are upheld.

Appeal Court’s Landmark Ruling

The Court of Appeal’s decision hinged on Section 251 of the Nigerian Constitution, which limits the jurisdiction of Federal High Courts in chieftaincy matters to those within the Federal Capital Territory (FCT). Justice Kolawole emphasized that the Federal High Court had no authority to entertain the case, as it involved state law.

Drawing parallels with the Supreme Court decision in Tukur v. Governor of Gongola State, the appellate court reinforced that the lower court erred in treating a chieftaincy dispute as a fundamental rights case.

Justice Kolawole ruled: “The trial court was wrong to have held that the case in Tukur is not similar to the 1st Respondent’s case. Appeal is hereby allowed.”

The judgment also invalidated the Federal High Court’s order to maintain the status quo, declaring it issued without jurisdiction.

Calls for Accountability

The judgment has sparked outrage against the Federal High Court judge who nullified Emir Sanusi II’s appointment. Prominent voices have called for disciplinary action by the National Judicial Council (NJC).

Former Kaduna State Governor, Mallam Nasir El-Rufai, was particularly vocal, writing:

“Congratulations to my dear friend and brother, His Highness, Emir Muhammadu Sanusi II, for this judgment. The Federal High Court has no business dabbling into chieftaincy matters outside of the FCT, and the erring judge ought to be disciplined by the NJC for the intentionally erroneous and disgraceful judgment.”

This sentiment echoes broader concerns over judicial accountability, with legal experts arguing that decisions perceived as politically motivated or procedurally flawed undermine public trust in the judiciary.

As the dust settles, attention shifts to the NJC and its potential response to the calls for disciplinary action, which may set a precedent for judicial accountability in Nigeria.