The Court of Appeal in Abuja has temporarily halted the enforcement of its ruling that upheld the Kano State Government’s repeal of the 2019 Emirate Council Law, pending the Supreme Court’s decision on the case.
The ruling follows a decision by the Court of Appeal in Kano, which overturned a June 20 order from Justice Abubakar Liman of the Federal High Court in Kano.
The order had declared the actions taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, including the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano, as null and void.
The Court of Appeal found that the order made by Justice Liman was issued without jurisdiction.
Dissatisfied with this ruling, the Kano State Government appealed to the Supreme Court and sought an injunction at the Court of Appeal to prevent the execution of the judgment while the appeal is pending.
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On Friday, a three-judge panel led by Justice Okon Abang ruled on the injunction, following two suits filed by Aminu Babba Dan’Agundi against the Kano State Government, the Speaker of the House of Assembly, the Inspector General of Police, the Nigeria Security and Civil Defence Corps, and other security agencies.
Dan’Agundi, who had initially filed the suit in Kano to protect his fundamental rights, argued that the trial court lacked jurisdiction and sought to prevent the respondents from enforcing the Court of Appeal’s judgment.
He also contended that the Kano State Emirate Council (Repeal) Law 2024, which had been passed by the state legislature and assented to by the governor, legally reinstated Sanusi Lamido Sanusi as Emir of Kano by dissolving the newly created emirates.
The Court of Appeal, in its unanimous ruling, granted the injunction, agreeing that the application was valid and in the interest of justice.
Justice Abang emphasized that the court must act judiciously and in the interest of justice.
The court ordered that the status quo be maintained until the Supreme Court makes a final decision on the matter, meaning that the actions of the Kano State Government, including the dissolution of the new emirates and the reinstatement of Sanusi, will be preserved for now.
Additionally, the court acknowledged Dan’Agundi’s legal right to protection, noting that he had served as emir for five years before being removed.
The ruling concluded that the balance of convenience favored protecting him pending the Supreme Court’s decision.
The respondents were also restrained from enforcing the January 10 judgment that had nullified the Kano State Government’s dissolution of the emirates.
The applicant was directed to file an indemnity within 14 days to protect the respondents from any damages if the injunction were later deemed inappropriate.
The Court of Appeal’s ruling on January 10 had overturned a Federal High Court decision that had invalidated the 2024 repeal law, which reinstated Sanusi and reversed the creation of five new emirates.
The Court of Appeal ruled that the lower court lacked jurisdiction over chieftaincy matters, which are the exclusive domain of the state high courts.
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