Kano Chieftaincy Tussle: Appellant Goes to Supreme Court
An Appellant and Kingmaker in Kano state Emirate, Alhaji Aminu Dan Agundi says plan has been concluded in appealing the judgement of the court of appeal over the Chieftaincy Tussle.
The court of Appeal Kano Division sitting in Abuja had on Friday vacated the High Court order that nullified the reappointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
In a judgement, a three-member panel of the court of Appeal, led by Justice Mohammed Mustapha, voided the June 20, 2024, decision of Justice Abubakar Liman of the Federal High Court, which invalidated the Kano State Emirates Council (Repeal) Law 2024 that facilitated Sanusi’s reappointment.
The appellate court held that, Justice Liman was bereft of the jurisdiction to nullify the steps the Kano State Government took pursuant to the 2024 Emirates Council Law.
The court held that, a fundamental rights enforcement suit that was filed by an aggrieved kingmaker in the state, Alhaji Aminu Dan Agundi, which the high court judge relied upon to issue the order, was incompetent.
It emphasized that, the principal reliefs sought by Bayero fell outside the scope of fundamental human rights and were, related to chieftaincy matters.
Citing some relevant sections of the Nigerian Constitution, the court pointed out that, the Federal High Court does not have the authority to handle issues related to chieftaincy.
In another judgement, the Appeal court ordered a fresh hearing of the suit filed by the embattled 15th Emir, Bayero, to challenge the decision of Governor Yusuf to unseat him.
The court forwarded the case back to the Chief Judge of the Kano State High Court to be reassigned to another judge for expeditious hearing and determination.
While reacting on the Appeal Court Judgement at a press briefing in Kano, the Appellant Danagundi expressed dissatisfaction with the judgement of the appeal court.
“I’m not satisfied with that decision of the Court of Appeal and even in that decision, I was in the court. The judge that wrote the lead judgment, said, having seen all that has happened, he is of the view that we should transfer this case to the state’s Chief Judge for redirection to another court so that we can have fair hearing. ”
“They are not saying that they don’t agree with us. All they are saying is that they don’t have that court that has jurisdiction. That’s all. That’s all they said.”
“After he finished reading his judgment, the other two judges disagreed with him. As you know, there are three. If two disagree, then they strike out the appeal.
He explained that, he had instructed his lawyers to proceed with necessary procedures to file appeal at the Supreme Court.
Recalled that, the Kano State House of Assembly had on May 23, last year, enacted the Kano State Emirate Council (Repeal) Law 2024, which the state Governor, Abba Yusuf, assented to on the same day.
