The Court of Appeal in Abuja on Friday set aside a Federal High Court judgement nullifying the Kano State Government’s last year’s steps and actions based on the Kano State Emirate Council (Repeal) Law 2024, including the reinstatement of Sanusi Lamido Sanusi as the 16th Emir of Kano.
Delivering judgement, a three-member panel of the Court of Appeal declared that the 20 June 2024 verdict of the Federal High Court in Kano was flawed as the court lacked the jurisdiction to hear the suit.
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In the lead judgement delivered by Gabriel Kolawole, the Court of Appeal held that Federal High Court judge Abubakar Liman acted without jurisdiction, holding that only the state High Court can exercise jurisdiction over chieftaincy laws and related matters.
The judgement is one in a series of decisions the court gave on a plethora of issues that arose from the dispute over the Kano emirate stool.
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In another judgement by the same the same panel on Friday, the Court of Appeal ruled that found that the High Court of Kano State denied Aminu Ado-Bayero, who is laying claim to the Kano emirate throne, fair hearing in its hearing and determination of a case filed by the state government to enforce the new law.
Friday’s decision overturning the Federal High Court’s decision on the new Kano emirate law effectively validates the reinstatement of the Kano State Government’s actions, including the repeal of the 2019 Emirate Council Law and the subsequent appointment of Mr Sanusi as the 16th Emir of Kano.
Background
Governor Abba Yusuf of Kano State signed the Kano Emirate Council (Amendment No. 2) Law, 2024 on 23 May 2024, the same day the state’s House of Assembly passed its bill and repealed the legislation’s predecessor, the Kano State Emirate Council Law 2019.
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Implementing the new law, the governor dissolved the four other emirate councils of Gaya, Karaye, Rano, and Bichi created by the old law enacted by the previous administration of Governor Abdullahi Ganduje, reverting to a single Kano emirate as it had originally existed.
Consequently, Mr Yusuf dethroned the emirs of the four emirates and Aminu Ado-Bayero, as Emir of Kano who had ascended the throne following the dethronement of Mr Sanusi in March 2020 by the then-Governor Ganduje.
An aggrieved kingmaker, Aminu Dan-Agundi, challenged the law through a fundamental rights enforcement suit filed on the same day, prompting Mr Liman to issue an interim order directing parties to maintain the status quo.
On 20 June2024, Mr Liman gave his final judgement nullifying the steps taken under the new law, citing violations of his earlier directive.
The judge ruled that the appointment of Mr Sanusi as Kano emir was null and void as the government failed to obey the court order restraining it from taking further actions on the new emirate council law.
Appeal court’s findings
In the lead judgment delivered by Gabriel Kolawole, the Court of Appeal declared Justice Liman’s order null and void, stating that the Federal High Court lacked the jurisdiction to entertain the suit.
Mr Kolawole explained that cases concerning traditional or chieftaincy matters, such as Mr Agundi’s claim, fall exclusively within the jurisdiction of state high courts.
“Having held that the Federal High Court lacked the jurisdiction, it necessary follows that any order made by the trial court including the annulment of the steps and actions taken by the appellants and others on grounds of disobedience of the order of the lower court has become null and void.
“A court that lacks the jurisdiction to entertain a substantive matter also lacks the competence to make any order or grant any relief in respect of that matter.
“The annulment order made by the trial court, which is the subject of this appeal, is not sustainable because the said order was made by a court that lacked the jurisdiction to entertain the substantive suit.
“In view of the above, the order made by the Federal High Court, Kano judicial division by Justice A. M. Liman (now Justice of Court of Appeal) in suit number: FHC/KN/182/2024, which order was handed down on the 20th of June 2024 nullifying all step’s and actions taken by the appellants and others in pursuant of the Kano State Emirate Council (Repeal) Law 2024 is hereby nullified and accordingly, set aside,” Mr Kolawole held.
He further clarified that a court without jurisdiction cannot make binding orders or grant reliefs.
The panel also ruled that Mr Liman erred in assuming jurisdiction on 13 June to hear Mr Dab-Agundi’s fundamental rights enforcement suit.
Mr Kolawole noted that the suit did not pertain to any fundamental rights protected under Chapter 4 of the Constitution or the African Charter on Human and Peoples’ Rights but instead dealt with chieftaincy issues.
READ ALSO: Appeal court lifts injunction on Ado-Bayero’s claim to Kano throne, orders rehearing
Disagreement among justices
Two other members of the panel – Mohammed Mustapha and Abdul Dogo – agreed with the nullification of Mr Liman’s order, but disagreed with Mr Kolawole’s directive to remit Mr Dan-Agundi’s suit to the Kano State High Court for determination.
The two justices argued that the case was improperly initiated, lacked merit, and would waste judicial time if remitted. Instead, they ordered that the suit be struck out entirely.
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