The legal battle surrounding the removal and potential reinstatement of Muhammadu Sanusi II as the Emir of Kano took another turn with the Court of Appeal in Abuja suspending its own earlier judgment. On January 10, 2025, the court had upheld Sanusi’s reinstatement, effectively nullifying a Kano State law that had repealed the 2019 Emirate Council Law, the legislation which had initially led to Sanusi’s removal and the creation of four new emirates. However, in a subsequent ruling on two related suits filed by the Kano State House of Assembly, the same appellate court suspended its January 10th decision, pending the outcome of an appeal before the Supreme Court. This suspension essentially maintains the status quo, leaving the four new emirates in place and Sanusi out of power, for the time being.
The crux of the legal arguments revolves around jurisdiction and the interpretation of state and federal laws. Initially, the Federal High Court in Kano had nullified the Kano State Emirate Council (Repeal) Law of 2024, paving the way for Sanusi’s reinstatement. The Court of Appeal overturned this decision, arguing that the Federal High Court lacked jurisdiction over chieftaincy matters, which are within the exclusive purview of state high courts. This ruling reaffirmed the state government’s authority in the matter. However, the legal tussle continued as the Kano State government, anticipating a further challenge, filed an appeal at the Supreme Court and simultaneously sought an injunction at the Court of Appeal to stay the execution of the January 10th judgment until the Supreme Court had made its determination.
The Kano State House of Assembly’s appeal, filed against Aminu Baba Dan (Sarkin Dawaki Babba) and five others, specifically sought to restrain the enforcement of the appellate court’s judgment. They argued that the 2024 Emirate Council (Repeal) Law, duly passed by the state legislature and assented to by the governor, was the legally valid instrument that dissolved the newly created emirates and reinstated Sanusi. The Court of Appeal, presided over by Justice Okon Abang, agreed with this line of reasoning, granting the injunction and suspending its own prior judgment. The court justified this decision by stating that the trial court had lacked jurisdiction and emphasizing the need to preserve the status quo until the Supreme Court provided a final ruling.
Justice Abang’s ruling highlighted the importance of judicial discretion and the interest of justice. The court found the application meritorious and acknowledged the need to protect the legal rights of the applicant, who had served as Emir for five years before his removal. This decision to grant the injunction underscored the principle of maintaining stability and avoiding potential chaos pending a final resolution by the highest court in the land. The suspension of the judgment also emphasizes the importance of adhering to jurisdictional boundaries within the Nigerian legal system.
This legal saga illustrates the complex interplay between state and federal powers, particularly regarding traditional institutions like the Emirate. The Kano State government’s actions demonstrate its determination to maintain control over chieftaincy matters within its jurisdiction. The ongoing legal challenges reveal the different interpretations of the law and the potential for conflicting judgments within the judicial system. The ultimate resolution rests with the Supreme Court, which will have the final say on the legality of the Emirate Council (Repeal) Law and the fate of Muhammadu Sanusi II.
The Supreme Court’s impending decision holds significant implications not just for Sanusi and the Kano Emirate, but also for the broader understanding of the balance of power between state and federal governments concerning traditional institutions. It will clarify the legal framework surrounding chieftaincy matters and potentially set a precedent for future disputes. The case also underscores the importance of judicial review and the role of the courts in interpreting and upholding the law, even in complex and politically charged situations. The final outcome will undoubtedly shape the future of the Kano Emirate and have wider repercussions for the governance of traditional institutions in Nigeria.
