In a judgment delivered by Justice Gabriel Omoniyi Kolawole, the Court of Appeal has overturned the Federal High Court’s decisions in Kano that invalidated the appointment of Emir of Kano, Muhammadu Sanusi II.
The court referenced Section 251 of the constitution, asserting that the matter raised by the 1st Respondent, Aminu Baba-Dan’Agundi, pertains mainly to chieftaincy-a realm the Federal High Court was not authorised to engage with in relation to Kano State Emirate Council Law.
Regarding Mr Baba-Dan’Agundi’s challenge against the legislature’s authority to enact laws, the appellate court stated that such a matter cannot be addressed within a fundamental rights enforcement procedure.
The court further ruled that the present case parallels the Supreme Court case of Tukur v. Governor of Gongola State, concluding that the trial court erred in trying to distinguish this case from Tukur’s.
On the appeal for maintaining the status quo, the court determined that, due to the related appeal where it found the first respondent’s case rooted in chieftaincy issues, the earlier decision directly impacts the current appeal.
The court concurred with the appellants that Mr Baba-Dan’Agundi’s case was not based on the fundamental rights action under the Fundamental Rights Enforcement Procedure (FREP), confirming that Tukur’s case is indeed comparable to the present case.
“The trial court was incorrect to claim that Tukur’s case is dissimilar to that of the 1st Respondent.”
“The appeal is hereby allowed,” the court concluded.
