The Court of Appeal in a judgement read by Justice Gabriel Omoniyi Kolawole has voided the decisions of a Federal High Court in Kano, which nullified the appointment of the Emir of Kano Muhammadu Sanusi II.
Citing Section 251 of the constitution, the court held that the claim of the 1st Respondent Aminu Babba-Dan’Agundi is principally on chieftaincy matter, which it said the Federal High Court had no business to dabble into the matter that relates to Kano State Emirate Council Law.
On the reliefs sought by Mr Babba-Dan’Agundi challenging the power of the legislature to make law, the appellate court said the issue cannot be raised in a fundamental right enforcement procedure.
The court further held that the case at hand is similar to the Supreme Court case in Tukur v Gov of Gongola state. That the trial court was wrong to have distinguished this case from Tukur’s case.
On the appeal of maintaining of status quo, the court held that based on the sister appeal, wherein the court of appeal held that the case of the 1st Respondent at the trial court was rooted in chieftaincy matter, the decision in the sister appeal has effect on this other appeal.
It therefore said the order for maintenance of status quo was made without jurisdiction.
The court agreed with the appellants that the case of the Mr Babba-Dan’Agundi was not predicated under fundamental right action under the Fundamental Rights Enforcement Procedure, FREP rule, saying the case of Tukur is similar to this instant case.
“That the trial court was wrong to have held that the case Tukur’s case is not similar with the the 1st Respondent’s case.
“Appeal is hereby allowed,” the court ruled.
