- Court lacks jurisdiction, Odinkalu, Sani, others declare.Â
Amid a pushback by the Kano State government, a Federal High Court sitting in Kano yesterday reversed the dethronement of Emir Aminu Ado-Bayero and four other Emirs of Bichi, Rano, Karaye, and Gaya Emirates.
The Court set aside all steps taken by the Kano State Government to repeal the Kano Emirates Council Law (2019), which split the Kano Emirates into five, namely: Kano, Bichi, Rano, Karaye, and Gaya Emirates with First Class Emirs.
In a swift reaction, the Kano State government stated that the ruling confirms Alhaji Muhammadu Sanusi II remains the Emir of Kano.
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The State Attorney General and Commissioner for Justice, Haruna Isah Dederi, made this announcement during a press conference held at the Government House on Thursday evening.
The trial judge, Abdullahi Muhammad Liman, nullified the repeal of the Kano Emirate Law (2019) by the State House of Assembly and ordered all parties to maintain the status quo.
Dederi stated that the Kano State Government acknowledged the Federal High Court’s ruling regarding the Kano Emirates Council (Repeal) Law, 2024, and views it as upholding the rule of law.
“By the ruling of the Court, it has unequivocally reaffirmed the validity of the law passed by Kano State House of Assembly and assented to by His Excellency the Executive Governor of Kano State on Thursday 23rd May 2024 by 5:10 pm. This part of the judgment is very fundamental to the entire matter.
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“The further implication of the ruling is that all actions done by the Government before the emergence of the interim order of the honourable Court are equally validated. This means that the abolishing of the Five Emirates created in 2019 is validated, and the deposition of the Five Emirs is also sustained by the Federal High Court. By implication, this means that Muhammadu Sanusi II remains the Emir of Kano.
“The judge also granted our application for the stay of proceedings until the Court of Appeal deals with the appeal before it on jurisdiction. Happily, the signing of the law and the reinstatement of His Highness, Emir Muhammad Sanusi II, were done on 23rd May 2024 before the emergence of the Interim Order, which was served on us on Monday 27th May 2024.”
Governor Abba Kabir Yusuf had previously assented to the Kano Emirate (repeal) Law (2024), leading to the deposition of Ado Bayero and four other Emirs of Bichi, Rano, Karaye, and Gaya. Following this, Governor Yusuf re-appointed and installed the former Emir of Kano, Lamido Muhammad Sanusi II, as the 16th Emir of Kano, reverting Kano to its traditional single Emirate structure.
Dissatisfied with this development, Aminu Babba Danagundi, the Sarkin Dawaki Babba, challenged the abrogation of the Emirate Council Law (2019) in court through his counsel, Chikaosolu Ojukwu (SAN).
The court’s verdict also nullified all actions taken after the reinstatement. Justice Liman stated: “I hereby order that every step taken by the Government is hereby nullified and becomes null and invalid and that this does not affect the validity of the repealed Emirates Law but actions taken by the Governor, which includes the assenting to the Law and the reappointment (of Sanusi).
“I have listened to the audio of the governor both in Hausa and English after assenting to the Law, and I am convinced that the respondents are aware of the order of maintaining the status quo pending the hearing and determination of the motions on notice in the court.
“Having been satisfied that the respondents are aware of the court order, the court in the exercise of its powers set aside an action because it is in violation of the court’s order. I think it is a very serious matter for anyone to flout the orders of the court and go scot-free with it.”
Justice Liman noted that the respondents’ failure to comply with the court order created a catastrophic situation that could have been avoided.
Responding through his social media account, Prof. Chidi Odinkalu stated that the court lacks jurisdiction to act in this manner.
He said: “Today in Kano, Abdullahi Liman, a judge of the Federal High Court, has overruled long-standing Supreme Court of Nigeria precedent, assumed jurisdiction he does not have, to grant reliefs the parties did not ask for, in exercise of powers that he lacks.
“What Liman has done is not surprising. The inclination of this judgment was already well known ahead of today. The scandals in this judgment will be fully disclosed at the right time.”
Kano-based lawyer Abubakar Sani agreed with the argument that the judge lacks jurisdiction. Sani stated that since the decision of the Supreme Court in Tukur vs the Government of Gongola State (1988), it has been settled beyond doubt that the Federal High Court lacks jurisdiction over chieftaincy matters – even for enforcement of fundamental rights.
“It makes no difference that the case of Aminu Ado Bayero was the validity of a law enacted by the State House of Assembly,” he argued.
Sani also noted that once an appeal has been entered at the Court of Appeal, the lower court becomes functus officio – not before. “It is the height of judicial impertinence for the lower court to insist on hearing a matter despite its awareness of the pendency of an appeal against its earlier decision in the same matter,” he declared.
Okueyelegbe S. Maliki, an Abuja-based lawyer and rights activist, said the jurisdiction of the Federal High Court is expressly provided by section 251 of the Constitution. This jurisdiction, he explained, is restricted to the items listed under the said section, excluding chieftaincy affairs.
“The express mention of one thing excludes that which was not mentioned. The attempt to drag Federal Government Agencies into chieftaincy matters does not confer jurisdiction on the Federal High Court,” he said, adding that no situation should warrant a High Court to continue to hear a matter already before the Appellate Court.
He emphasized that once the Court of Appeal is seized of a matter, the High Court is divested of jurisdiction to continue hearing the matter.
However, human rights lawyer Ebun Olu Adegboruwa (SAN) called for calm, urging all parties to allow peace to reign.
“The judges may err or make some mistakes in delivering their decisions, but as a growing democracy, we should maintain compliance with the decisions handed down by superior courts. There are avenues for testing or challenging those decisions, either in the Court of Appeal or up to the Supreme Court.
“Our expectation within the legal profession is that there are clear distinctions regarding the powers of various courts, including the Federal High Court, State High Court, and National Industrial Court.
“We did not expect the Federal High Court, being a court created for federal matters, to delve into chieftaincy issues. However, parties dissatisfied with the court’s decision have the opportunity to appeal.
“I appeal to everyone to remain calm. The law that gives the plaintiff the opportunity to go to court also gives the defendant the right to challenge the court decision on appeal,” he advised.
Reacting to the decision, the Kano State government argued that the court’s judgment did not remove Emir Sanusi or reinstate the deposed emir.
A statement from the State read: “The law is still the law, but actions carried out in the execution of the law are set aside.”
