No Respite For Emirs Sanusi, Bayero, As Appeal Court Orders Retrial

By Suleiman Anyalewechi

The Appeal Court sitting in Abuja, on Friday,  January 10, 2025, ordered the Kano State Chief Judge to put machineries in motion for the retrial of one of  the cases involving Emir Aminu Ado Bayero and the Kano State Government.

The Source reports that the Kano State Governor, Abba Yusuf, had, on Thursday ,May 23, 2024, deposed the 15th Emir of Kano Aminu Bayero, along side four others of Rano, Karaye ,Gaya and Bichi.

The action was predicated on the hurriedly passed  Kano State Emirate Council laws of 2024 ,by the State Lawmakers.

The unceremonious and controversial deposition paved way for the return of Emir Muhammad Sanusi, who was deposed in 2020, by the immediate past Kano state Governor, Abdullahi Ganduje.

However, the deposition of Emir Bayero and  four others was carried out in utter disregard of a restraining court order.

The development has since triggered a plethora of court actions on both sides, resulting in the ancient Emirate currently having two parallel Emirs– Bayero and Sanusi.

While the Kano State Government- i backed  Emir Sanusi has been channeling their court cases to the Kano state High Court, Emir Bayero and his loyalists have been seeking succor at the Federal High Court Kano.

In one of the applications filed by the Kano State  Government, the  State High Court on July 15, 2024, ordered Bayero to stop parading himself as  the Emir of Kano.

It also directed Emir Bayero to vacate the Nassarawa mini Palace where he has been residing since the commencement of the dispute over the ancient throne.

The Source reports that following the heated tussle for the Emirate seat, Emir Sanusi, with the aid of the State authorities has been holding court at the City palace ,while his rival ,Bayero, is holed up at the Nasarrawa mini palace .

However, dissatisfied with the ruling of the Kano State High  Court, Emir Bayero had sought a remedy at the Court of Appeal in Abuja.

In his notice of appeal, Emir Bayero had, among other things, contended that he was not given a fair trial by the trial Court.

He informed that he was neither served a notice of hearing, nor afforded the opportunity to present his own side of the case ,before the judgment against him was entered

Consequently, he prayed the Court to set aside the verdict as delivered by Hon Justice Amina of the  Kano state High Court.

Delivering its judgment, the three-member panel of the Appeal Court led by Hon Justice Mohammed Mustapha, declared null and void, the verdict delivered by the trial Court, noting that it was a travesty of justice

The Appallet Court sustained the earlier argument by the applicant ( Bayero) to the effect that he was not given a fair hearing at the lower Court.

The Court of Appeal  held that Emir Bayero, based on the evidence before it, was not accorded the chance  to defend himself even after his Counsel had withdrawn from the case in protest.

It, specifically, accused the trial court of not being fair to the applicant, insisting that all courts of law are required to provide equal opportunities to all parties to defend themselves.

The Appeal Court panel noted that there was a glaring miscarriage of justice against the applicant.

Based on the foregoing, the Court, therefore, ordered the Kano State Chief Judge to reassign the matter to another Judge for a retrial .

Accordingly, the Court held that there was no longer any need to delve into other issues  raised by the applicant since it has been established that he was not given a fair hearing in the first place .