Court of Appeal Declares Sanusi Emir of Kano

In a landmark decision on January 10, 2025, the Court of Appeal, presided over by Justice Gabriel Omoniyi Kolawole, overturned a previous ruling by the Federal High Court in Kano that nullified the appointment of Emir Muhammadu Sanusi II as Emir of Kano.

The court cited Section 251 of the Nigerian Constitution, emphasizing that the claim by Aminu Baba-Dan’Agundi primarily concerns a chieftaincy matter, which falls under the jurisdiction of Kano State’s Emirate Council Law, not the Federal High Court.

On the challenge to the legislature’s authority to make laws, the court ruled that such issues cannot be raised through a fundamental rights enforcement procedure.

Justice Kolawole referenced the Supreme Court’s ruling in Tukur v. Government of Gongola State, stating that the trial court was mistaken in distinguishing that case from this one. Consequently, the appellate court ruled that the Federal High Court had acted outside its jurisdiction by ordering the maintenance of the status quo.

Agreeing with the appellants, the court concluded that Baba-Dan’Agundi’s case did not qualify as a fundamental rights action under the Fundamental Rights Enforcement Procedure (FREP) rules.

“The trial court erred in determining that Tukur’s case was unrelated to the respondent’s case,” the appellate court ruled.

The court allowed the appeal, thereby restoring Muhammadu Sanusi II as the recognized Emir of Kano.