Appeal Court Halts Enforcement Of Own Decision On Kano Emirate Tussle
The Court of Appeal sitting in Abuja on Friday, March 14, 2025, 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 followed the judgement of the Court of Appeal in Kano, which overturned a June 20, 2024 order by Justice Abubakar Liman of the Federal High Court, Kano.
The order had declared the actions taken by the Kano State Government under the Kano State Emirate Council (Repeal) Law 2024, and the appointment of Sanusi Lamido Sanusi as the 16th Emir of Kano, as null and void.
The Court of Appeal held that the order made by Justice Liman was issued without jurisdiction.
A three-persons panel of the Appeal Court led by Justice Okon Abang ruled on the injunction as a result of the 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 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 Appeal Court of Appeal in its unanimous ruling, granted the injunction, agreeing that the application was valid and in the interest of justice.
While delivering the ruling, Justice Abang said the court must act judiciously and in the interest of justice and therefore ordered that the status quo be maintained pending when the Supreme Court takes a final decision on the matter.
Based on the latest decision of the Court of Appeal, the actions of the Kano State Government, including the dissolution of the new emirates and the reinstatement of Sanusi, will be preserved for now.
The court also acknowledged Dan’Agundi’s legal right to protection, saying that he had served as emir for five years before being removed.
The appellate Court also restrained the respondents from enforcing the January 10 judgment that nullified the Kano State Government’s dissolution of the emirates and directed the applicant 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 Federal High Court lacked jurisdiction over chieftaincy matters, which are the exclusive domain of the state High Courts.