Appeal Court vacates order nullifying Sanusi’s reinstatement as Emir

In his subsequent verdict on the matter, Justice Liman upheld Alhaji Agundi’s case and declared the actions taken by Governor Yusuf as null and void, a decision the appellate court faulted on Friday.

According to the appellate court panel led by Justice Mohammed Mustapha, though section 46(1) and (2) of the 1999 Constitution, as amended, imbued the high court with the jurisdiction to entertain fundamental right enforcement cases, Alhaji Agundi suit did not fall within such category.

It held that the crux of the plaintiff’s suit was a chieftaincy related issue as he had contended that the action of the Kano State Government would affect his position as a kingmaker and also strip his place of its emirate status.

The appellate court held that the plaintiff ought to have initiated a civil action to ventilate his grievance rather than his decision to file the fundamental right enforcement suit.

Having declared that the suit was wrongly commenced and therefore robbed the court of the jurisdiction to entertain it, the appellate court held that the proper order was for the matter to be struck out for want of competence.

Even though a member of the panel, Justice Gabriel Kolawole, in his minority decision, agreed that Justice Liman acted without jurisdiction, however, instead of striking out the case, he ordered that it should be transferred and remitted to the Chief Judge of Kano state, to be heard by another judge.

Meanwhile, in another judgement, the appellate court ordered a fresh hearing of the suit the embattled 15th Emir, Bayero, filed to challenge the decision of governor Yusuf to unseat him.

The appellate court held that evidence before it established that Bayero was not accorded fair hearing by the Kano state High Court which it said conducted shoddy proceedings against him.

Justice Mustapha, who delivered the lead judgement, noted that the said proceeding was conducted without the service of hearing notice on Bayero to enable him to present his own side of the case.

He held that all courts of law are bound to ensure justice for all parties by giving them equal opportunities, adding that the manner the proceeding was conduct against Bayero, amounted to a travesty of justice.

Consequently, the appellate court remitted his case back to the Chief Judge of the Kano State High Court to be reassigned to another judge for expeditious determination.