The supreme court has fixed April 19, 2027, for further hearing in the suit regarding the Kano emirate tussle between Mohammadu Sanusi II and Aminu Bayero.
At Monday’s sitting, the apex court heard preliminary arguments from the parties involved in the dispute before announcing an adjournment.
Speaking after the court session, Aminu Babba Dan’Agundi, the appellant, described the date as “too far off,” adding that his legal team would explore the option of applying to the court to move the date closer.
“We believe the date currently fixed for the hearing is too far off,” Dan’Agundi said.
“While the supreme court can sometimes shift the trial for two or three years, this specific case should not take that long. But the law grants us the right to write and request that the court move to change the date.
“By God’s grace, we intend to do this so that these emirate issues can finally be resolved.”
Background
In March 2020, Abdullahi Ganduje, former governor of Kano, deposed Sanusi as Emir of Kano “for total disrespect to lawful instructions from the office of the governor”.
However, on May 23, 2024, the Kano house of assembly passed the amended Kano State Emirate Council (Repeal) Bill 2024, which Abba Yusuf, governor of the state, signed into law.
The law repealed the 2019 version, which divided the Kano emirate into five jurisdictions and was relied upon to dethrone Sanusi as Emir of Kano.
On the same day, Sanusi was reinstated as Emir of Kano by the kingmakers and the governor.
Aggrieved by the decision, Dan’Agundi, a kingmaker in Aminu Ado Bayero’s cabinet, approached the federal high court to restrain the respondents from enforcing, implementing, and operationalising the law that reinstated Sanusi.
On May 23, Mohammed Liman, a federal high court judge, ordered the defendants to “suspend” and “not give effect to the Kano State Emirate Council (Repeal) Law, 2024, as they affect all offices and institutions of the Emirate Council created according to the provisions of the Kano State Emirate Council Law, 2019.”
Although the defendants had challenged the court’s jurisdiction to hear the suit and the locus standi of the applicants, Liman on June 13, 2024, held that the applicants were at liberty to contest the legality of their dethronement.
In another ruling on June 20, Liman nullified all actions by the Kano state government repealing the Kano Emirates Council Law of 2019 and ordered parties to maintain the status quo pending the determination of the case.
Appeal Court
However, in a verdict on January 10, 2025, the appellate court ruled that the lower court lacked jurisdiction to handle the case, as it pertained to chieftaincy matters rather than the violation of fundamental human rights, as claimed by the plaintiffs.
Gabriel Kolawole, who delivered the lead judgement, held that the federal high court erred when it assumed the jurisdiction to hear the suit.
Kolawole then ordered that the case file be returned to the chief judge of the Kano state high court for reassignment to another judge.
Although Mustapha Mohammed and Abdul Dogo, the other presiding justices, agreed with Kolawole that the federal high court has no jurisdiction to hear the issue, they disagreed that the matter should be sent back for retrial. Consequently, the two justices struck out the proceedings of the federal high court for want of jurisdiction.
