Kano remained calm yesterday after the ruling on the Kano Emirate leadership dispute where the Court of Appeal in Abuja restrained the enforcement of its January 10 judgment which upheld the Kano State government’s repeal of the 2019 Emirate Council Law, pending the determination of an appeal at the Supreme Court.
There was an initial plan by the state government to address a special media conference on the ruling which was rescheduled after newsmen had assembled at the Government House in Kano yesterday evening.
The director general on media, Sunusi Bature, announced that a new time and date would be fixed for the press conference.
Our correspondent reports that residents went about their normal daily activities unhindered and members of the public were seen in the usual evening Tafsir sessions and preparing for iftar.
The Court of Appeal in Kano had earlier set aside the June 20 order by Justice Abubakar Liman of the Federal High Court, Kano, which nullified the steps 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.
The appellate court which sat in Abuja ruled that Justice Liman issued the order without jurisdiction.
Dissatisfied with the judgment, the state government appealed to the Supreme Court and subsequently sought an injunction at the Court of Appeal to stay action on the judgment pending the Supreme Court’s decision.
Ruling on the injunction yesterday, a three-member panel of justices led by Justice Okon Abang, in two suits marked CA/KN/27M/2025 and CA/KN/28M/2025, issued a decision on an application filed by Aminu Babba.
The appeal was filed 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.
The judgement, which was delivered by Justice Gabriel Kolawole, held that the nullification of Sanusi II’s appointment was done without the required jurisdiction and ordered the transfer of the suit to the Kano State High Court.
However, ruling on the fresh applications with numbers CA/KN/27M/2025 and CA/KN/28M/2025, the appellate court agreed that the applications seeking to halt the enforcement of the earlier judgment pending the appeal before the Supreme Court were competent and meritorious.
“The law is settled. The court is enjoined to exercise its discretion judiciously and in the interest of justice,” he said.
Justice Abang also noted that the subject matter before the court needs to be preserved because the applicant had served as emir for five years before his removal, adding that he deserved the right to protection.
On January 10, Justice Kolawole, in vacating the order against Sanusi II’s appointment, held that the matter, being a chieftaincy dispute, ought to have been determined by the High Court of Kano State rather than the Federal High Court, which he described as “a grave error”.
The Federal High Court in Kano, presided by Justice Abubakar Liman, had on June 20, 2024, nullified the Kano State Government’s Kano Emirates Council (Repeal) Law 2024, which reinstated Muhammadu Sanusi II as the 16th Emir.
In the fundamental rights enforcement suit by Aminu Baba-Dan’Agundi, the presiding judge further directed parties, including the Kano State House of Assembly, to maintain the status quo during the reign of Emir Ado Bayero.
However, the appellate court in its ruling, cited Section 251 of the Nigerian Constitution and Section 22(2) of the Federal High Court Act to hold that the matter was a chieftaincy and state legislative dispute and not a fundamental rights matter, and such ought to have been taken before the Kano State High Court or the FCT High Court.
“The proper order to make is to order the 1st respondent (Baba-Dan’Agundi) to transfer the pending suit before the Federal High Court to the High Court of Kano State where the chief judge shall assign it to a judge who has not been previously involved in the hearing of the suit,” he said.
The judge awarded the cost of N500,000 against Dan’Agundi and in favour of the Kano State House of Assembly.
However, following the opinions of the presiding justice, Justice Mohammed Mustapha and Justice Abdul Dogo that the right order was to strike out Dan’Agundi’s suit filed at the Federal High Court and not to transfer same, the matter was struck out.
