The eagerly anticipated court ruling in the struggle over the Kano emir stool has left both parties claiming victory. The Federal High Court in Kano nullified the reappointment of Muhammadu Sanusi II as the 16th Emir of Kano, while upholding the state assembly law that had previously removed the 15th emir, Ado Bayero.
Justice Muhammad Liman, who delivered the ruling, cited Kano State Governor Abba Yusuf’s disobedience of a restraining court order as a significant factor in his decision. Alhaji Aminu Babba-Dan’agundi, Sarkin Dawaki Babba, represented by his counsel Ibrahim Aliyu-Nasarawa, had approached the court seeking to restrain the Kano State government from implementing the Kano State Emirate (Repeal) Law 2024. This law had annulled the 2019 Emirate Council law, which had created five emirates from the original Kano Emirate.
The legal dispute saw the sacking of all emirs, leading to the reinstatement of Muhammad Sanusi II, who had been deposed by the Abdullahi Ganduje administration in March 2020. Sanusi was reinstated as the 16th Emir, replacing Aminu Ado Bayero, whose removal was a result of the repeal of the previous law.
The plaintiff, Babba-Dan’agundi, sought a reversal of Bayero’s removal. The respondents in the case included the Kano State Government, the Kano State House of Assembly, the Speaker of the Kano State House of Assembly, the Attorney-General of Kano State, and the Commissioner of Police in Kano, among others.
In its ruling, Justice Liman declared that all actions taken by the state government following the passage of the Kano Emirate Council (Repeal) Law 2024 were null and void. He stated, “I hereby order that every step or action taken by the respondents in pursuance of Kano Emirate Council Repeal Law 2024 is null and void and is set aside. However, this order does not affect the validity of the law.”
Justice Liman also ordered all parties to maintain the status quo ante, noting that the respondents had been aware of the earlier court order dated May 23, which instructed them to maintain the status quo pending the hearing and determination of the case. He emphasized the importance of adhering to court orders, saying, “It is a very serious matter for anyone to flout the court’s orders and go scot-free with it. The catastrophic situation could have been averted if the respondents followed due process by complying with the court order, which would still have allowed them to carry out their assignments.”
The judge granted the respondents’ application for a stay of proceedings pending the hearing and determination of their application at the Court of Appeal on the issue of jurisdiction. “I hereby transfer the case to Justice Simon Amobeda, Federal High Court 3,” he added.
Earlier, the applicant’s counsel, M. S. Waziri, had urged the court to nullify the Kano Emirates Council (Repeal) Law 2024. Counsel for the Kano State House of Assembly and Speaker, Eyitayo Fatogun, informed the court of a filed notice of appeal at the Court of Appeal and a motion to stay proceedings. Fatogun requested to be recused from the matter and sought an adjournment to allow his clients to find another lawyer, pending the appeal’s hearing on jurisdiction. Mr. A. G. Wakil, representing the Attorney General of Kano State and the State Government, supported Fatogun’s position. Additionally, Mr. Sunday Ekwe, counsel for the Commissioner of Police Kano and the Inspector General of Police, stated that the police’s duty was to maintain peace in the state, which is why they did not file a response on the issue of jurisdiction.
Senior lawyers in the country responded to the judgment by calling on all parties to respect the court’s decision, emphasizing that the court remains the final arbiter in any disputed matter. Senior Advocate of Nigeria, Mr. Abdul Balogun, noted that the court’s position would stand until a higher court overrules it. Barrister Ohi Eyare stressed the importance of the rule of law and urged all parties to ensure that the law prevails, stating, “The law must be respected at all times. Just as the court has ordered, the reinstated Emir must vacate the palace pending when another higher court sets the judgment aside.” Barrister Damian Ifeanacho called on aggrieved parties to urge their supporters to maintain order, highlighting the potential for increased division following the judgment.
Meanwhile, the Kano State government has instructed the state commissioner of police to remove the 15th emir, Ado Bayero, from the property he is occupying. The state attorney general, Isa Daderi, asserted that Bayero’s occupation of the property amounted to trespassing and announced plans for reconstruction and renovation of the property. He reiterated the court’s validation of the law passed by the Kano State House of Assembly and the governor’s assent on May 23, 2024. Daderi emphasized that all actions taken before the interim court order on May 27, 2024, were validated by the ruling, which means Muhammadu Sanusi II remains the emir of Kano.
Daderi concluded by congratulating the people of Kano State and urging them to remain peaceful, celebrating the court’s decision without any disturbances.
