The 16th Emir of Kano and former governor of the Central Bank, Sanusi Lamido Sanusi, has every reason to be on edge as the Court of Appeal in Abuja yesterday halted the execution of its judgement that reinstated him.
The court had in a unanimous decision by a three-member panel led by Justice Okon Abang, stopped the implementation of the judgement, to await the outcome of an appeal pending before the Supreme Court.
The appellate court said its January 10 verdict that approved the Kano State Government’s repeal of the 2019 Emirate Council Law, remained suspended pending the determination of an appeal at the Supreme Court.
Recall that the January 10 judgment overturned an earlier ruling by the Federal High Court in Kano, which nullified the Kano State Emirate Council (Repeal) Law 2024. The law reversed the creation of five new emirates and reinstated Sanusi as the Emir of Kano.
While setting aside the Federal High Court’s decision, the appeal court ruled that the lower court lacked jurisdiction over chieftaincy matters which fall within the exclusive domain of the state high courts.
The Court of Appeal 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.
Dissatisfied with the judgment, the Kano State government appealed to the Supreme Court and subsequently filed an injunction at the court of appeal, urging the court to stay execution of the judgment pending determination of the appeal at the apex court.
The Kano State House of Assembly in the appeal against Aminu Baba Dan (Sarkin Dawaki Babba) and five others in the application filed on February 6, 2025, sought an order restraining the respondents from enforcing the appellate court’s judgment while an appeal was pending at the Supreme Court.
However, the appellate court held that the trial court lacked jurisdiction to hear and determine the suit and there was a need to restrain the respondents from executing the judgment.
In addition, the applicant argued that the Kano State Emirate Council (Repeal) Law 2024, which was passed by the state legislature and assented to by the governor, legally led to the dissolution of the newly created emirates and the reinstatement of Sanusi as the 16th Emir of Kano.
The Court of Appeal in yesterday’s ruling delivered by Abang held that the application was meritorious and deserving of the court’s discretion in the interest of justice.
It stated that it found merit in applications marked CA/KN/27M/2025 and CA/KN/28M/2025, which were brought before it in respect of the Kano Emirate tussle.
Specifically, the appellate court held that: “An injunction is hereby granted restraining the respondents (Kano State House of Assembly, Kano State Government, etc.), either by themselves, their agents, privies, servants, or personal representatives, from enforcing the judgment of this Court in Appeal No. CA/KN/126/2024 – Kano State House of Assembly & Anor Vs Alhaji Aminu Babba-Dan’Agundi & Others, delivered on 10/1/2025, pending the hearing and determination of the Applicant’s appeal filed on 24/1/2025 before the Supreme Court of Nigeria.”
The panel further directed the parties to maintain the status quo ante bellum, pending the judgement of the apex court.
It also gave the applicant 48 hours to file an undertaking to indemnify the respondents in damages, in the event that the orders ought not to have been made.
