Kano, Jan. 10, 2025 – The Court of Appeal in Kano has set aside the order by Justice Abubakar Liman of the Federal High Court, Kano, nullifying the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano.
The order was made by the Federal High Court on June 20, 2024.
The three-member panel of the Kano Court of Appeal, sitting in Abuja, in its judgement on Friday held that the order nullifying the steps taken by the Kano State Government pursuant to the 2024 Emirates Council Law was made by Justice Liman without jurisdiction.
The lead judgment read by Justice Gabriel Kolawole held that the foundation upon which Justice Liman based the annulment order was based on the wrong assumption that the Federal High Court has jurisdiction to hear the substantive suit, which it actually did not have.
Kolawole said that matters concerning the validity of state laws and the regulation of traditional/chieftaincy institutions fall squarely within the jurisdiction of state High Court.
“Having held that the Federal High Court lacked the jurisdiction, it necessary follows that any order made by the trial court including the annulment of the steps and actions taken by the appellants and others on grounds of disobedience of the order of the lower court has become null and void.
“A court that lacks the jurisdiction to entertain a substantive matter also lacks the competence to make any order or grant any relief in respect of that matter.
“The annulment order made by the trial court, which is the subject of this appeal, is not sustainable because the said order was made by a court that lacked the jurisdiction to entertain the substantive suit.
“In view of the above, the order made by the Federal High Court, Kano judicial division by Justice A. M. Liman (now JCA) in suit number: FHC/KN/182/2024, which order was handed down on the 20th of June 2024 nullifying all step’s and actions taken by the appellants and others in pursuant of the Kano State Emirates Council (Repeal) Law 2024 is hereby nullified and accordingly, set aside,” Justice Kolawole said. (GBN)
