The Court of Appeal, Abuja Division, has halted the enforcement of its January 10 judgement, which upheld the Kano State government’s repeal of the 2019 Emirates Council Law, pending the Supreme Court’s determination of an appeal on the same matter.
The ruling, delivered by a three-member panel led by Justice Okon Abang on Friday granted a stay of execution, effectively maintaining the status quo in the ongoing legal tussle over the Kano Emirate tussle.
LEADERSHIP reports the appellate court had earlier set aside a June 20, 2024 ruling by Justice Abubakar Liman of the Federal High Court in Kano, which had nullified the Kano State government’s dissolution of five Emirates in the State and the subsequent reinstatement of Muhammadu Sanusi II as the 16th Emir of Kano. The Court of Appeal had ruled that the lower court lacked jurisdiction over the case, which concerns chieftaincy matters under the exclusive purview of State High Courts.
Dissatisfied with the ruling, an injunction request was filed in suits CA/KN/27M/2025 and CA/KN/28M/2025 by Alhaji Aminu Babba Dan Agundi (Sarkin Dawaki Babba) against the Kano State Government, the Speaker of the State Assembly, the Inspector General of Police, the Nigeria Security and Civil Defence Corps, and other security agencies.
Dan Agundi sought to restrain the respondents from enforcing the appellate court’s judgement while awaiting the apex court’s decision.
However, in its unanimous decision, the Court of Appeal agreed that the application had merit and granted the injunction. Justice Abang stated, “The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice.”
The ruling ordered that all parties must maintain the “status quo ante bellum,” preserving the situation as it was before the Federal High Court’s judgement on June 13, 2024. Justice Abang emphasised that the applicant, having served as Emir for five years before his removal, had legal rights that required protection until the Supreme Court delivers a final verdict.
Additionally, the court ordered the applicant to file an undertaking within 14 days to indemnify the respondents for any damages should the injunction later be deemed unnecessary.
The legal battle over the Kano Emirate Emirship remains unresolved, with the Supreme Court now set to weigh in. The outcome of the case will determine whether the Kano State government’s decision to dissolve the emirates and reinstate Emir Sanusi II will stand or be overturned.
