The Court of Appeal has overturned a Federal High Court ruling that had nullified Muhammadu Sanusi II’s appointment as Emir of Kano. In a judgment delivered by Justice Gabriel Omoniyi Kolawole, the court determined that the original case involved chieftaincy matters, which fall outside the Federal High Court’s jurisdiction.
The case stemmed from a challenge by Aminu Baba-Dan’Agundi questioning the emirate council law. However, the Appeal Court ruled that such challenges cannot be brought under fundamental rights enforcement procedures. The court drew parallels to the precedent-setting Supreme Court case of Tukur v Governor of Gongola State.
The Appeal Court also invalidated the previous court’s order to maintain status quo, stating it was issued without proper jurisdiction. The judges emphasized that Baba-Dan’Agundi’s case did not qualify as a fundamental rights action under the Fundamental Rights Enforcement Procedure (FREP) rules.
In its conclusion, the court rejected the lower court’s attempt to distinguish this case from the Tukur precedent and ruled in favor of the appellants, effectively recognizing Sanusi’s position as Emir of Kano.
Madukwe B. Nwabuisi is an accomplished journalist renown for his fearless reporting style and extensive expertise in the field. He is an investigative journalist, who has established himself as a kamikaze reporter.
