The Court of Appeal in Kano has nullified the June 20, 2024, ruling by Justice Abubakar Liman of the Federal High Court, which invalidated the steps taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024. These steps included the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano and the reversal of actions by the previous administration.
Delivering the lead judgment, Justice Gabriel Kolawole, on behalf of a three-member panel of the appellate court sitting in Abuja, held that the Federal High Court lacked jurisdiction to hear the fundamental rights enforcement suit filed by an aggrieved kingmaker, Alhaji Aminu Babba Dan Agundi.
The appellate court emphasized that issues relating to traditional or chieftaincy institutions, such as those in Agundi’s case, fall exclusively under the jurisdiction of the State High Court, not the Federal High Court.
Justice Kolawole stated:
“A court that lacks jurisdiction to entertain a substantive matter also lacks the competence to make any order or grant reliefs in respect of that matter. Consequently, the Federal High Court’s order nullifying the steps taken under the Kano State Emirate Council (Repeal) Law 2024 is void and set aside.”
The panel unanimously ruled that Justice Liman’s annulment of the actions taken by the Kano State Government was unsustainable. However, Justices Mohammed Mustapha and Abdu Dogo disagreed with Justice Kolawole’s order to remit Agundi’s case to the Kano State High Court for hearing on its merit. They argued that the suit lacked validity from the onset, as it did not relate to any fundamental rights guaranteed under the Constitution or the African Charter on Human and People’s Rights.
Background of the Case
The Kano State House of Assembly had enacted the Kano State Emirate Council (Repeal) Law 2024 on May 23, 2024, repealing the 2019 law and taking steps that included reinstating Sanusi as Emir and reversing the creation of five new emirates by the previous administration. Aggrieved by these developments, Agundi filed a suit on May 23, 2024, alleging a violation of his rights. Justice Liman subsequently issued an order directing parties to maintain the status quo ante but later voided all actions taken by the government under the new law.
Other Appeals Addressed
In separate appeals, the appellate court also faulted the June 13, 2024, ruling by Justice Liman, which assumed jurisdiction over Agundi’s suit. Justice Kolawole found the reasoning fundamentally flawed, asserting that the Federal High Court’s role is limited to reviewing state laws for constitutional consistency.
In related appeals by Aminu Ado Bayero, the appellate court found that the Kano State High Court breached his right to fair hearing in a separate case. Justice Mustapha ruled that Bayero had not been issued hearing notices after his lawyer withdrew, and court documents filed on his behalf were improperly struck out. Consequently, the court nullified the proceedings conducted on July 4, 2024, and the judgment delivered on July 15, ordering the matter to be reassigned to another judge of the Kano State High Court.
Conclusion
The Court of Appeal awarded costs of ₦500,000 against Agundi in favor of the Kano State House of Assembly and its Speaker. The decisions reaffirmed the jurisdiction of State High Courts in chieftaincy matters and clarified the limitations of the Federal High Court’s authority in such cases.